the: 



SCHOOL LAW OF ILLINOIS 



a WITH ANNOTATIONS 



.^^ 



iSSUBD BY 

aLFREO BflYLISS 

Superintendent of Public Instruction 



TgAOpfe'^'j ^ COUNCIL > 166 



SPRINGFIELD. ILL 
Phillips Bbos., State Printkbs, 

1903. 



3 

the: 



SCHOOL LAW OF ILLINOIS 






WITH ANNOTATIONS 






A-^ 



ISSUBO BY 

HLFRED BAYLISS 

Superintendent of Public Instruction 



tTWADCi W ^'ff lcouwal > 1 gf 



SPRINGFIELD. ILL 
Phillips Bbos.. Statk Pbimtkbs, 

1903. 






LI?o 



It 



4^ 



TABLE OF CONTENTS. 



Page 
Constitutional provisions 1 



ARTICLE I. 



Sec 
'1 

2 

3 

4 

6 

6 



SuPT. OF Public Instruction. 

Election and term of office 6 

Ontb— bond 6 

Salary— coutineent expenses 6 

Duty 6 

Priwprs 8 

Liability 9 



ARTICLE n. 



County Supbrintkndbnt. 

I Election— term of office 10 

i Oath— bond 10 

3 Form of bond 10 

4 Llabilitv on bond 11 

5 Nhw bond 11 

6 Office- supplies 11 

7 RepBHled 11 

8 VHoani-ifs 11 

9 TiniH of service may be limited 12 

10 Assistants 12 

11 Compensation 12 

12 Shall itemize accounts.. 13 

13 Duty 13 

14 Power 15 

16 Books to be kept 15 

16 iitf port to county board 16 

17 Report to superintendent of public 

instruction . 16 

18 Preparation of trustees' report 16 

19 Approval of trea^^urer's bond 17 

20 Apportionment of funds 17 

21 May lend county funds 17 

22 Appeal 18 

S3 Delivery to successor 18 



ARTICLE III. 



Trustees of Schools. 

1 School township 19 

2 Fractional township 19 

8 Trusfees of schools 20 

4 A body politic 20 

6 Election. 22 

6 Ti'rmofoffi.'e 22 

7 Q'lallfioation 22 

8 Notice of election 22 

9 Electiin in certain cases 23 

10 First meeting 23 

11 Judges of election 23 

U Voter's qualification 23 



Sec. Page 

13 Elections, how conducted 23 

14 Election may be postponed 24 

15 Superintendent to order election, 

when 24 

16 Vacancies 24 

17 Tie vote 26 

18 Polling place 25 

19 Election iu certain townships 25 

20 Poll book 25 

21 (bounty clerk to furnish list 26 

22 Organization 26 

23 Term of office of president and treas- 

urer 26 

24 Record of proceedings 26 

25 Semi annual meetings— quorum 27 

26 Distribution of fuuils 27 

27 Funds credited to districts 27 

28 Report to county superintendent .... 27 

29 Separate enumeration 28 

30 Examination of trehs-urer's books.... 29 

31 Gifts, grants and donations 29 

H2 Sale of school house 30 

33 Conveyance of real estate 30 

31 Treasurer custodian of bonds 31 

35 May purchase real estate iu satisfac- 

tion of judgment 31 

36 P(jwer to maKe settlements 31 

37 Power to sell or lease lands 32 

38 Township high school 82 

39 Ballots for high school election 34 

40 Election for board of education 34 

41 Powers of board of education 35 

42 Two or more townships or districts 

may join 36 

43 Discontinuance of hish school 37 

44 Canvass of ballots 37 

45 Liability »f trustees 38 

46 Districts in newly organized town- 

ships 38 

47 Chnuges in district boundaries 39 

48 Petitions 40 

49 Change of boundaries in certain dis- 

tricts 41 

50 Filing of petition 41 

61 Concurrent action of boards of trus- 

tees ^2 

62 Board of trustees may adjourn 42 

63 Consideration of petition 43 

64 Appeal to county superintendent .... 44 

55 Clerk to transmit record 44 

56 Appeals in certain cases 45 

67 Filing map and list of taxpayers 46 

58 District with bonded debt 48 

59 Election in new district 46 

60 How conducted 47 

61 Organization 47 

62 Election in certain cases 47 

63 Distribution of funds 47 

64 Appraisement of property 48 

65 Liability of trustees 49 

66 Liability of clerk 49 

67 Failure of district to have school for 

two years 49 

68 Dissolution of union district 50 

69 Successors to trustees of school lands 50 



IV 



Table of Contents— Contmned. 



ARTICLE IV. 



Township Tkeasurer. 

See. Page 

1 Bond— duty 51 

2 Treasurei's account 53 

3 Terms of loans 65 

4 Securities payable to board of trus- 

tees 56 

6 Treasurer may lend surplus funds... 5ti 

6 Sfateiuent of towusbiip funds 57 

7 Form of mortgage 57 

8 lusurauce 57 

9 Addliional security 5H 

10 Clasis of claim 58 

11 Penalty 58 

12 Manner of bringing suits 59 

13 Custodi»u of funds 59 

14 Semi-annual statement 59 

15 Annual exhibit 60 

16 Statement of districts accounts 60 

17 I'eualty 60 

18 Orders draw interest, when 60 

19 Additional duties 61 

20 Liahility 61 

21 Delivery to successor 62 

22 Compensation 62 



ARTICLE V. 



Board of Directors. 

1 Board of three members 63 

2 A corporation 63 

3 Eligibility 65 

4 Vacancy. 65 

6 Election— term of office 65 

6 Election in new districts 65 

7 Vacancies 66 

8 Notice of election 66 

9 Election in certain cases 66 

10 Judges 66 

11 Tie vote 67 

12 Poll book 67 

13 Poll booK in union district t>7 

14 Failure to return— t>enalty 67 

15 Orijanization 67 

16 Quorum 68 

17 Records 68 

18 Meetings 68 

19 Official business 6« 

20 President or clerk pro tempore 69 

21 Report of organization 69 

22 Report to treasurer 69 

23 Not to be interested in contracts 6) 

24 Not to be intere»«ted in sale of books. 69 

25 Penalty 69 

26 Duty of hoard of directors 70 

27 Additional powers of directors 75 

28 Order on treasurer 78 

29 Orders in anticipation 79 

30 Liability of directors 79 

31 School house site 79 

32 Compensation for site 81 

33 Removal 82 

31 Funds— how paid— form of order 82 

35 Transfer of pupils— separate sched- 

ules 82 

36 Tuition 82 



ARTICLE VL 



Board of Education. 
Sec. Page 

1 Cities and villages 82 

2 Bonrd of education 83 

3 Prfsldett 83 

4 Duties of president 83 

6 Election 83 

6 Notice of election 83 

7 Failure to ffive notice 84 

8 Election— how conducted 84 

9 First election— to succeed directors.. 84 
to Powers of board of education 84 

11 Yeas and nays 87 

12 Powers exercised only at meetings.. 87 

13 Cimveyances 87 

14 School fund subject to order of board 87 

15 Special charter may Oe abrogated 87 

16 Oriranization under general law 88 

17 Bnard in cities of 100. 000 inhabitants. 89 

18 Eligibility 92 

19 Organization 92 

20 Records 93 

21 Power with concurrence of common 

council 92 

22 Power of board »2 

23 Duty of board 93 

24 Powers exercised only at regular 

meetings 94 

25 Conveyances 94 

26 Moneys held hv city treasurer 95 

27 Limit as to expenditure 95 

28 No power given tiy board to be exer- 

cised by council — 95 

29 Certificates granted in certain dis- 

tricts 95 



ARTICLE VII. 



Teachers. 

1 Qualifications 96 

2 Mate certitieates 96 

3 Teachers' certificates 98 

4 Record of teachnrs 98 

5 ^^HlHiy— when allowed 98 

6 What branches taught 98 

7 Examinations 99 

8 Kee 99 

9 Transmitted monthly to treasurer... 99 

10 '\nnual institute 99 

11 Time attending institute 100 

12 ('are of property K'O 

13 Register 100 

14 Schedules 101 

15 Directors to receive and examine — 103 

16 Wages payable niomhly 102 

17 School mouth— holiday 103 



ARTICLE VIIL 



Revenue— Taxation. 

1 May levy tax annually 103 

2 Certificate of special tax 106 

3 Return of certificate to county clerk. 112 



Table of Contents — Continued. 



Sec. Page 

4 Tax levy when district in two or more 

counties 113 

5 County clerli to compute tax 113 

6 Assessment of personal property 113 

7 Taxes to be uniform 114 

8 Certificate of amount due each dis- 

trict 114 

9 Collector to pay tax to treasurer 114 

10 When district in two townships 115 

11 Failure to pay— penalty 115 

12 Blank boolcs— notices 116 

13 Failure to file certificate 116 



ARTICLE IX. 

Bonds. 

1 Vote necessary to borrow money 116 

2 Registration 119 

3 Money to be paid into school treasury 119 

4 Election— form of notice 120 

5 Judges— clerks— ballots 121 

6 Poll-book— return— penalty 122 

7 Refunding 122 



ARTICLE X. 



County Clkbk. 

1 Clerk to furnish list of trustees 123 

2 District boundary changes— record- 

penalty 123 

3 District in two or more counties 123 

4 Clerk to furnish valine of taxable 

property 123 

6 Clerk to compute tax— tax books 123 

6 County board to audit books of 

superintendent 124 

7 Clerk to record land sales 124 



ARTICLE XI. 



County Board. 

1 Power of county board 124 

2 Duty of county board 125 

S Statement of land sales 126 



ARTICLE XII. 



School Fund. 

1 Common school fund 126 

2 State to pay Interest 126 

3 Apportionment of fund 126 

4 Warrants 127 

6 Suit against defaulting collector 127 

6 Township fund 127 

7 School funds— how paid 128 

8 Orders 129 

9 Union districts 130 

10 Funds held by virtue of special char- 
ter 130 



ARTICLE XIIL 



School Lands. 

Sec. Page 

1 Section sixteen 130 

2 Township business — where trans- 

acted 131 

3 Trustees may rent land 131 

4 Right of way— depot grounds 131 

5 Trespass on school land— penalty.... 131 

6 Trespasser liable to indictment 132 

7 Penalties— to whom paid 132 

8 Petition for sale 132 

9 Fractional township 133 

10 Division 133 

11 Plat 133 

12 Size of lots— roads and streets 134 

13 Valuation 134 

14 Advertisement 134 

15 Place of sale 136 

16 Terms of sale 136 

17 Sale 136 

18 Closing sales— payment 136 

13 Unsold lands— private sales 136 

20 New valuation of unsold lands 136 

21 Certificate of purchase— entry 137 

22 Annual statement of sales 137 

23 Transcript sent to auditor 137 

24 Patent for school lands 137 

25 Certificate of purchase— duplicates.. 138 

26 Real estate taken for debt 138 

27 Dedication for streets 139 



ARTICLE XIV. 



Fines and Forfeitubis. 

1 To be paid to superintendent 139 

2 Collection iiO 

3 Justices to enforce collection 140 

4 Report of fines-duty of courts 140 

5 Penalty for failure to remit fines col- 

lected 140 

6 Penalty for failure to make report..., 141 



ARTICLE XV. 



Liability of School Officers. 

1 Of trustees— InsuflBcient security 141 

2 Of judges— failure to deliver poll- 

book 141 

3 Of directors — failure to deliver 

schedtiles 142 

4 Of treasurer— failure to perform duty 142 

5 Of bondsmen— delivery to successor. 142 

6 Conversion of funds— penalty 142 

7 Of trustees— sureties of treasurer 143 

8 Real estate of school ofiicers 143 

9 Of trustees— failure to make returns 

of children 143 

10 Failure to furnish statistics— penalty 143 

11 School ofScers responsible for loss of 

funds 144 

1? Appropriation for sectarian purpose. 145 

13 Not to be interested in sale of books. 146 

14 Excluding colored children— penalty 146- 



— B S. 



VI 



liable of Contents— Continned. 



ARTICLE XVI. 



Miscellaneous. 
Sec. Page 

1 Costs— when not to be charsred 146 

2 Women eligible to school office 146 

3 Bond 146 

4 Exclusion for color— penalty 146 

5 Preventing child from attending 

school— penalty 147 

6 Payment of funds to township treas- 

urer 147 

7 Construction 147 

8 Keport of educational institutions- 

contents 150 

9 Judements-how enforced 151 

10 Compensation— exemptions 153 

11 Term of officers 153 

12 Former acts repealed 153 

13 Emergency 155 



Special Charters. 

Board of education appointed in certain 
cases 156 

Board of education elected in certain 
cases 157 

Inspectors elected in certain cases 158 

Number of school inspectors increased.. 159 

Board of education elected in certain 
districts 160 

Board of education elected in certain 
districts ..160 

Government of schools in annexed terri- 
tory 161 



Page 

Existing indebtedness 162 

Bonds 162 



ADDiTiONAL Acts. 

Numbering school districts 164 

Woman suffrage 165 

School attendance law 166 

Flags 167 

Physiology and hygiene 169 

Child laDor :. 170 

Kindergarten schools 176 

Schools tor crippled children 177 

Classes for the deaf 178 

Manual training in high schools 179 

Manual training— apprentices 180 

Parental schools 180 

Teachers' pension fund 183 

Employes pension fund 185 

Compensation of judge's and clerks 189 

State Teachers' Association... 190 



Appendix. 

University of Illinois 191 

Scholarships 191 

Normal University 193 

Southern Illinois Normal University 196 

Northern Illinois State Normal School.. 200 

Eastern Illinois State Normal School 203 

Western Illinois State Normal School... 207 

County normal schools 210 

Calendar 212 

Table of cases 213 



CONSTITUTIONAL PROVISIONS. 



Article VIII. 



EDUCATION. 



Section 1. The General Assembly shall provide a thorough and 
eflScient system of free schools, whereby all children of this State 
may receive a good common school education. 

1. The free schools of the State are public institutions, and in their 
management and control, the law contemplates that they should be so man- 
aged and controlled, that all children within the district, between the ages 
of 6 and 21 years, regardless of age or color, shall have equal and the same 
right to participate in the benefits to be derived therefrom. Chase v. Steph- 
enson, 71-383. 

2. This provision of the Constitution was doubtless intended as a 
limitation upon the power of the Legislature to provide for the maintenance 
of free schools by local taxation of a different character from that named in 
the section. In other words, under this section of the Constitution the Legis- 
lature has the power to enact laws under which a thorough and efficient syg- 
tem of free schools may be established and maintained by local taxation, in 
which all the children of the State may receive a good common school educa- 
tion. Btchards v. Raymond, 92-612. 

3. Section 1, article 8 of the Constitution makes it the duty of the Gen- 
eral Assembly to provide a system of free schooli, but leaves to the Legisla- 
ture the discretion as to the mode in vfhich the system shall be organized 
and the officers by whom it shall be controlled and directed, and its affairs 
administered. The only school officers expressly provided for by the Consti- 
tution are a county superintendent of schools in each county, and a superin- 
tendent of public instruction. Plummer v. Yost, 144-68. 

§ 2. All lands, moneys, or other property, donated, granted or re- 
ceived for school, college, seminary or university purposes, and the 
proceeds, thereof, shall be faithfully applied to the objects for which 
such gifts or grants were made. 

1. Such donations are made to the State for a specific use. The title 
to such fund is vested in the State as completely as if the use was not de- 
clared in the law making the grant and the administration of such fund is 
left to the State. The State has complete control over it, to administer it as 
it pleases, in promotion of the objects of the grant. No sovereign state would 
accept a grant on any other terms. Neither Congress nor any court has ever 
undertaken to interfere with a State government in the administration of the 
school funds, arising from Congressional grants. The public faith of the 
State has ever been, and will ever be, a sure guarantee that these funds will 
be administered in good faith, and in the most beneficial manner. Greenleaf 
V. lownship Irustees, 22-236. 



2. This provision includes the lands and money embraced in the 
common school fund, also the college, seminary and university lands and 
funds in the hands of or under the control of the State. This Constitutional 
provision amply provides for the preservation of said fund, and clearly pro- 
hibits the perversion of it for other purposes. Under it, the Legislature has 
no Constitutional power to appropriate any portion of this fund to defray the 
expenses of the State, counties or other municipal bodies, than those created 
for school purposes; neither can the same end be accomplished by the indi- 
rect means of taxation; because, so much as would be taken from the fund 
by taxation, would be an unconstitutional perversion of the fund to that ex- 
tent. It follows then, that this property being a part of the public school 
fund, it cannot be subject to taxation. City of Chicago v. Ihe PeqpZe, 80-384. 

3. The Legislature has no Constitutional power to tax real estate 
acquired on foreclosure, the school fund having been loaned on mortgage 
security, where the said fund is held for school purposes only, although the 
legal title may be held by a city in trust for the use of schools within its 
limits. Such reality in fact, belongs to the State, and is exempt from tax- 
ation . Ibid. 

§ B. Neither the General Assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever 
make any appropriation or pay from any public fund whatever, any- 
thing in aid of any church or sectarian purpose, or to help support 
or sustain any school, academy, seminary, college, university, or 
other literary or scientific institution, controlled by any church or 
sectarian denomination whatever; nor shall any grant or donation of 
land, money, or other personal property ever be made by the State 
or any such public corporation, to any church, or for any sectarian 
purpose. 

1. A Constitutional mandate can not be circumvented by indirect 
methods. Under our form of government, church and State are not and 
never can be united. The former must pursue its mission without the aid 
of the latter. County of CooTc v. Industrial School jor Girls, 125-540. 

2. By Section 1, article 8 of the Constitution, it is made the duty of 
the State to provide a thorough and efficient system of free schools. If 
statutes are passed, under which the management of these schools shall get 
into the hands of sectarian institutrons, then under the theory that they 
relieve the State of a burden, which it would otherwise be itself required to 
bear, the prohibition of the Constitution will be powerless to prevent the 
money of the tax-payers from being used to support such institutions inas- 
much as they will render a service to the State by performing for it its duty 
of educating the children of the people. Ibid. 

3. It is an untenable position, that public funds may be paid out to help 
support sectarian schools, provided only such schools shall render a g^uid 
|9ro g'MO for the payments made to them. The Constitution declares agamst 
the use of public funds to aid sectarian schools independently of the ques- 
tion whether there is or is not a consideration furnished in return for the 
funds so used. Ibid. 



PERMANENT SCHOOL FUNDS. 

4. Statement of the permanent school funds, 
which can be expended for school purposes. 



the income alone of 



School fund proper, being 3 per centum on the net proceeds of 
the sales of the public lands in the State, one-sixth part 
excepted 

Surplus Revenue, bein? a portion of the money received by 
the State from the General Government, under an act of 
Congress providing for the distribution of the surplus re 
venue of the United States, and by act of the Legislature, 
March 4, 1837, made a part of the common school fund 

College Fund, being one-sixth part of the 3 per centum fund 
originally required by act of Congress to be devoted to the 
establishment and maintenance of a State college or univer- 



sity. 



Seminary Fund, being the proceeds of the sales of the Semi 
nary Lands originally donated to the State by the General 
Government for the founding and support of a State semi 



nary. 



County Funds, created by act of the Legislature. February 7, 
1835, which provided that the teachers should not receive 
from the public fund more than half the amount due them 
for services rendered the preceding year, and that the sur- 
plus should constitute the principal of a new fund, to be 
called the County School fund 

Township Funds, being the net proceeds of the sale of the 16th 
section in each Congressional township of the State, the 
same having been donated to the State for common school 
purposes by act of Congress in 1818, and of additions thereto. 

To which add value of school lands unsold and other lands 

University of Illinois Fund, being proceeds of sales of lands 
received by An act donating public lands to several states 
and territories which may provide colleges for the benefit of 
agriculture and the mechanic arts, passed by Congress July 
2. 1862- 

From sales of land scrip and located lands, made a State 

liability by act approved June 11. 1897 

Land contracts and unsold lands 



Total. 



$5,923,095 07 
9,571,580 33 



$501,992 23 
108,000 00 



$613,362 96 

336,692 32 
156,613 32 
69.838 72 

159,494 27 

15.494.676 40 

609,992 23 



$17,429,569 22 



§ 4. No teacher, State, county, township, or district school officer 
shall be interested in the sale, proceeds or profits of any book, appa- 
ratus or furniture used, or to be used, in any school in this State, 
with which such officer or teacher may be connected, under such 
penalties as may be provided by the General Assembly. 

§ 5, There may be a county superintendent of schools in each 
county, whose qualifications, powers, duties, compensation and time 
and manner of election, and term of office, shall be prescribed by 
law. 

.Article IX. 

§ 3. The property of the State, counties, and other municipal 
corporations, both real and personal, and such other property as may 
be used exclusively for ***** school, religious, * * * 
* * and charitable purposes, may be exempted from taxation; but 
such exemption shall be only by general law. 

1. In order to exempt school property from taxation under the law of 
1853, it should be property under the immediate control of the school direc- 
tors . They should hold it in such a manner that they can use it at all times 



for the use of the public schools, independent of the will or actions of other 
persons. They should hold it in fee or by such other estate as would give 
them the right to possess and control it at all times for the use of the dis. 
trict. Page v. County Commissioners, 20-644. 

2. Land held by the trustees of the University of Illinois, although 
conveyed to the corporate body, belongs to and is under the entire control of 
the State, when disposed to exercise the power; and, being property of the 
State, the Constitution authorizes its exemption from taxation, and the Legis- 
lature has exempted it. Irustees oj Schools v. Champaign County, 76-184. 

3. A fund was donated to the State, in the first place, for the estab- 
lishment and maintenance of an institution of learning, which this land rep- 
resents . The State has no intention to part with either the ownership of the 
property or control of the institution. The Legislature has created a body 
corporate, as the most convenient mode of controlling the institution, its 
property and affairs, but the State retains the power of selecting its trustees, 
and, has powers, through other than trustees, to sell and dispose of the 
property of the institution, or even repeal its charter, as public policy or the 
interest of the university may require. Ibid. 

4. By the canons of construction all laws exempting property from 
taxation are to be strictly construed, and all reasonable intendments indulged 
in favor of the State, and all doubts resolved in its favor and against exemp- 
tions. The expressioh institution of learning is broad enough to include every 
description of enterprise undertaken for educational purposes which is of 
higher grade than the public schools provided for in the statutes, and is not 
necessarily limited to either public or incorporated enterprises, or to both. 
Montgomery v. Wyman, 130-17. In this connection see Monticello Female 
Seminary y. 2he People, 106-398 

5. That which is exempt from taxation is the property of the institu- 
tion of learning, which plainly means the property owned by the institution. 
The property of and the property owned by an individual or corporation, as 
commonly used and understood, mean precisely the same thing. No matter 
where the legal title to the property may be vested, it is sufficient for the 
operation of the statute if the institution is the ultimate or beneficiary owner. 
Ibid. 

6. It is required by the statute, in order that the property should be 
exempt from taxation, that it should not be leased by such institutions, or 
otherwise used with a view to profit. The Constitution provides that prop- 
erty used exclusively for school purposes may be exempted, by general law, 
from taxation. The General Assembly, therefore, could rightfully exempt 
onlj^ such property as is used exclusively for the attainment of the objects of 
the institution of learning, and it cannot be understood that the statute is 
broader in its scope than the Constitution itself. Ibid. 

7. One claiming property to be exempt from taxation must clearly 
bring his property within the provisions of the law, since all doubts are 
resolved against the exemption. McCuUough v. Board of Beview, 183-373. 

8. A petition to a board of review asking to hold exempt from taxa- 
tion property described as a play ground used for the school in the rear of 
the premises, does not bring the property within section 2 of the revenue 
law exempting from taxation all public school houses, etc. Ibid. 

9. Property described as used for a play ground by a school cannot 
be held exempt from taxation as the property of an institution of learning, 
in the absence of any showing that a higher education is given in such school 
than in public schools. Ibid. 

10. A petition to a board of review which alleges that the petitioner, 
a Catholic bishop, holds the title to premises used as a play ground for a 
school, without alleging it is held in trust, does not show that the property 
is the property of the school. Ibid. 



11. Property described in a petition to a board of review 'merely as 
a play ground for a school cannot be regarded as the property of an institu- 
tion of purely public charity, within the meaning of section 2 of the revenue 
law. Ibid. 

12. Exemption from taxation does not exempt from special assess- 
ments. The distinction between taxation and special assessment, is clearly 
made in our present Constitution. While it provides that the Legislature may 
exempt the property of the State, counties and other corporations from the 
former, it makes no such provision in regard to the latter, but on the contrary, 
authorizes the General Assembly to vest the corporate power of cities, towns 
and villages with power to make local improvements by special assessments, 
without any restrictions as to the property to be assessed. County of McLea^ 
V. City of Bloomington, 106-209; Cooley on Taxation, 458. 

13. The provisions of section 2, article 8 of the Constitution, de- 
signed to secure the faithful application of school lands, moneys or other 
property granted or donated to school, college, seminary or university pur- 
poses, does not exempt private donations to educational institutions from 
assessment of benefits for local improvements. That provision was, no 
doubt, intended to secure the public school fund of the State, from whatever 
source derived, and not mere private donations to educational institutions, or 
to private corporations created for educational purposes. University oj Chi- 
cago V. 2he People, 118-565. 

Section 12. No county, city, township, school district or other 
municipal corporation shall be allowed to become indebted in any 
manner or for any purpose, to an amount, including existing indebt- 
edness, in the aggregate exceeding five per centum on the value of 
the taxable property therein, to be ascertained by the last assessment 
for State and county taxes, previous to the incurring of such in- 
debtedness. Any county, city, school district or other municipal 
corporation, incurring any indebtedness as aforesaid, shall before, or 
at the time of doing so, provide for the collection of a direct annual 
tax sufficient to pay the interest on such debt, as it falls due, and 
also to pay and discharge the principal thereof within twenty years 
from the time of contracting the same. This section shall not be 
construed to prevent any county, city, township, school district or 
other municipal corporation from issuing their bonds in compliance 
with any vote of the people which may have been had prior to the 
adoption of this Constitution in pursuance of any law providing 
therefor, 

1. It would be difficult t© employ language making it plainer that the 
prohibition is on each corporation singly, and not on two or more in the ag- 
gregate. Wilson V. Board of Iruttees, 133-443. 

2. The provision of section 12, article 9 of the Constitution, which 
requires municipal officers incurring any indebtedness to provide for a direct 
annual tax sufficient to pay the interest and principal in 20 years, is self- 
executing, and the tax so provide for, does not fall within the items of ex- 
penses for educational or building purposes mentioned in section 1, article 8 
of the school law, even though levied to pay interest and principal on school 
house bonds. Baltimore & Ohio Southwestern Mailroad Co. v. Ihe People, 
195-423. 



6 

AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF 

FREE SCHOOLS. 



Article I. 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That, at the election to be 
held on Tuesday after the first Monday of November, in the year of 
our Lord one thousand eight hundred and ninety, and quadrennially 
thereafter, there shall be elected by the legal voters of this State, a 
State Superintendent of Public Instruction, who shall hold his office 
for four years from the second Monday in January next after his 
election, and until his successor is duly elected and qualified. 

1. A statute making the Superintendent of Public Instruction ex officio 
a trustee of a normal school, merely enlarges the duties of his office, and 
does not violate section 5, article 5 of the Constitution, making him ineligible 
to any other office. People v. Inglis, 161-256. 

2. The proviso that no two members of the board of trustees of a 
normal school shall be residents of any one county, does not have any appli- 
cation to the Superintent of Public Instruction, who is an ex officio member 
of said board. Ibid. 

§ 2. Before entering upon his duties, he shall take and subscribe 
the oath of office prescribed by the Constitution, and shall also 
execute a bond, in the penalty of twenty-five thousand dollars 
(125,000) , payable to the People of the State of Illinois, with secur- 
ities to be approved by the Grovernor, conditioned for the prompt 
discharge of his duties as Superintendent of Public Instruction, and 
for the faithful application and disposition, according to law, of all 
school moneys that may come into his hands by virtue of his office. 
Said bond and oath, shall be deposited with the Secretary of State, 
and an action may be maintained thereon by the State at any time 
for a breach of the conditions thereof. 

§ 3. And the said State Superintendent shall receive, annually? 
such sum ap may be provided by law, as a salary for the services 
required under the provisions of this act, or any other law that may 
be passed, and also all necessary contingent expenses for books, 
postage and stationery pertaining to his office, to be audited and 
paid by the State as the salaries and contingent expenses of other 
officers are paid. 

§ 4. It shall be the duty of the said State Superintendent of 
Public Instruction — 

First — To keep an office at the seat of government of the State. 

Second — To file all papers, reports and public documents trans- 
mitted to him by the school officers of the several counties, each year 
separately. 



Third — To keep and preserve all other public documents, books 
and papers relative to schools, coming into his hands as State Sup- 
erintendent, and to hold the same in readiness to be exhibited to 
the Governor, or to any committee of either house of the General As- 
sembly. 

Fourth — To keep a fair record of all matters pertaining to the 
business of his office. 

Fifth — To pay over, without delay, all sums of money which 
may come into his hands by virtue of his office, to the officer or 
person entitled to receive the same, in such manner as may be pre- 
scribed by law. 

Sixth — To counsel and advise in such manner as he may deem 
most advisable, with experienced and practical school teachers, as 
to the best manner of conducting common schools. 

Seventh — To supervise all the common and public schools in the 
State. 

Eighth — To be the general adviser and assistant of county super- 
intendents of schools in this State. 

Ninth — To address circular letters to county superintendents* 
from time to time, as he shall deem for the interests of schools, giv- 
ing advice as to the best manner of conducting schools, constructing 
school houses, furnishing the same, examining and procuring com- 
petent teachers. 

Tenth — To, on or before the 1st day of November preceding each 
regular session of the General Assembly, report to the Governor the 
condition of the schools in the several counties of the State; the 
whole number of schools which have been taught in each county in 
each of the preceding years, commencing on the 1st of July; what 
part of said number have been taught by males exclusively, and 
what part by females exclusively; what part of said whole number 
have been taught by males and females at the same time, and what 
part by males and females at different periods; the number of 
scholars in attendance at said schools; the number of persons in 
each county under 21 years of age, and the number of such 
persons between the ages of 12 and 21 years that are unable to read 
and write; the amount of township and county funds; the amount of 
the interest of the State or common school fund, and of the interests of 
the township and county fund annually paid out; the amount raised 
by an ad valorem tax, the whole amount annually expended for 
schools; the number of school houses, their kind and condition; the 
number of townships and parts of townships in each county; the 
number and description of books and apparatus purchased for the 
use of schools and school libraries under the provisions of this act, 
the price paid for the same, the total amount purchased, and what 
quantity and how distributed, the number and condition of the 
libraries, together with such other information and suggestions as 
he may deem important in relation to the school laws, schools and 



8 



the means of promoting education throughout the State, which 
report shall be laid before the Greneral Assembly at each regular 
session. 

Eleventh — To make such rules and regulations as may be neces- 
sary and expedient to carry into efficient and uniform effect the pro- 
visions of this act, and of all the laws which now are or may herein- 
after be in force for establishing and maintaining free schools in 
this State. 

Twelfth—To be the legal adviser of all school officers, and when 
requested by any such school officers, to give his opinion in writ- 
ing upon any question arising under the school laws of this State. 

1. The School law now in force makes the Superintendent of Public 
Instruction, the legal adviser of all school officers, and also makes it his duty, 
when requested by any such officer, to give his opinion in writing upon any 
question arising under the school laws of the State. Powell v. Board of Edu- 
cation, 97-375. 

Thirteenth — To hear and determine all controversies arising under 
the school laws of this State, coming to him by appeal from a 
county superintendent, upon a written statement of facts certified 
by the county superintendent. 

Fourteenth — To receive and file all proper reports made to him 
from time to time by the several county superintendents of this 
State as required by article 2 of this act. 

Fifteenth — To grant State certificates to such teachers as may be 
found worthy to receive them, as provided for in section 2 of article 
7 of this act. 

Sixteenth — To be ex officio a member of the board of trustees of 
the University of Illinois and of the Southern Normal University. 

Seventeenth — To be ex officio a member of the Board of Educa- 
tion of the State of Illinois, and to act as secretary thereof. 

Eighteenth — To report to the Greneral Assembly of Illinois, at its 
regular sessions, the condition and expenditures of the Normal Uni- 
versity, and such other information as may be directed by the Board 
of Education of the State of Illinois or by the General Assembly 
of this State. 

Nineteenth — To visit such of the charitable institutions of this 
State as are educational in their character, and to examine their 
facilities for instruction, and to prescribe forms for such reports as 
he may desire from the superintendents of such charitable institu- 
tions. 

§ 5, The said State Superintendent of Public Instruction shall 
be clothed with the following powers: 

First — To direct and cause the county superintendent of any county 
directors or boards of trustees or township treasurer of any town- 
ship, or other school officer, to withhold from any officer, township, 
district or teacher, any part of the common school, or township, or 
other school fund, until such officer, township treasurer or teacher 



shall have made all schedules, reports and returns required of him 
by this act, and until such officers shall have executed and filed all 
official bonds and accounted for all common school or township or 
other school funds which have heretofore come into his hands, as 
required of him by this act. 

Second — To require the several county superintendents of this 
State to furnish him with such information relating to their several 
offices as he may desire to embody in his report to the General As- 
sembly of this State. 

Third — To require the board of trustees of each township in this 
State to make, at any time he may desire, a report similar to the 
report required to be made by such trustees, on or before the 15th 
day of July, preceding each regular session of the General As- 
sembly of this State, as provided for in section 28 of article 3 of this 
act. 

Fourth — Upon the recommendation of the county superintendent, 
or for good and sufficient reasons, to remit the forfeiture of the school 
fund by any township^which may have failed to make the reports 
required by law. 

Fifth — To determine and designate the particular statistics re- 
lating to schools which the inferior officers shall report to the county 
superintendent for the use of his office. 

Sixth — To authorize the several county superintendents to procure 
such assistance as may be necessary to conduct county teachers' in- 
stitutes for not less than five days in each year. 

Seventh — To require annual reports from the authorities of incor- 
porated towns, townships, cities or districts holding schools by 
authority of special charters to the same extent as regular school 
officers are or may be required to make such reports, 

Eighth — To require the president, principal or other proper officer of 
every organized university, college, seminary, academy or other 
literary institution, whether incorporated or unincorporated, or here- 
after to be incorporated in this State, to make out such report as he 
may require in order that he may lay before the General Assembly a 
fair and full exhibit of the affairs and conditions of such institutions 
and of the educational resources of the State. 

Ninth — To require the Auditor of Public Accounts to withhold from 
the county superintendent of any county the amount due any such 
county for its share of the interest on State school fund, or said 
county superintendent for his per diem compensation, until the re- 
port provided for in section 17 of article 2 of this act shall have been 
furnished as therein required. 

§ 6. The said State Superintendent of Public Instruction shall 
not be interested in the sale, proceeds or profits of any book, appa- 
ratus or furniture used, or to be used, in any school in this State, 
and for offending against the provisions of this section shall be 
liable to indictment, and upon conviction shall be fined in a sum not 



10 

less than twenty-five nor more than five hundred dollars, and may be 
imprisoned in the county jail not less than one month nor more than 
12 months, at the discretion of the court. 

Article II. 

COUNTY SUPERINTENDENTS. 

Section 1. On Tuesday next after the first Monday in November 
A. D., 1890, and quadrennially thereafter, there shall be elected by 
the qualified voters of every county iu this State a county superin- 
tendent of schools, who shall perform the duties required by law, and 
shall enter upon the discharge of his duties on the first Monday of 
December after his election. 

1. The school commissioner is a ministerial officer or agent, appointed 
by law to do certain things. Kidder v. Irustees, 5 Gilman-191. 

§ 2. He shall, before entering upon his duties, take the oath pre- 
scribed by the Constitution, and execute a bond payable to the Peo- 
ple of the State of Illinois, with two or more* responsible freeholders 
as security, to be approved by the county board or by the judge and 
clerk of the county court, in a penalty of not less than twelve thou- 
sand dollars ($12,000) , to be increased at the discretion of the said 
county board, conditioned that he will faithfully perform all the 
duties of his office according to the laws which are or may be in force 
during his term of office. 

§ 3. The bon4 required in the foregoing section shall be in the 
following form, viz. : 

State of Illinois, 1 
County. J 

Know all men by these presents, that we, A B, C D, 
and E F, are held and firmly bound, jointly and severally, unto the People 
of the State of Illinois, in the penal sum of dollars, to the pay- 
ment of which we bind ourselves, our heirs, executors and administrators 
firmly by these presents. 

In witness whereof we have hereunto set our hands and seals this 

day of A. D. 18.... 

The condition of the above obligation is such, that if the above bounden 
A B, County Superintendent of the county aforesaid, shall faithfully dis- 
charge all the duties of such office, according to the laws which now are and 
may hereafter be in force, and shall deliver over to his successor in office all 
moneys, books and papers and property in his hands, as such County Super- 
intendent, then this obligation to be void, otherwise to remain in full force 
and virtue. 

A B [Seal.] 
C D [Seal.] 
E P [Seal.] 



11 

And which bond shall be filed in the office of the County Clerk. 

§ 4. The obligors in such bond shall be bound jointly and sever- 
all, and upon it an action or actions may be maintained by the board 
of trustees of the proper township, or any other corporate body inter- 
ested, for the benefit of any township or fund injured by any breach 
of the conditions thereof. 

§ 5. If a majority of the county board shall be satisfied at any . 
time that the bond of said county superintendent is insufficient, it 
shall be the duty of such superintendent, upon notice being given to 
him by the clerk of such board, to execute a new bond, conditioned 
and approved as the first bond: Provided, that the execution of 
such new bond shall not affect the old bond or the liability of the 
securities thereon. 

§ 6. It shall be the duty of the county board of the county to 
provide the said county superintendent with a suitable office, with 
necessary furniture and office supplies, as is done in the case of other 
county officers. 



1. Section 7, article 2, was repealed by an act approved June 15, 1893» 
in force July 1, 1893. In this connection see People v. Mays, 117-257. 

yp fp y^ ^ 7F ^ ^ 

§ 8. When the office of county superintendent of schools shall 
become vacant by death, resignation, the removal of the incumbent 
by the county board or otherwise, the county board shall fill the 
vacancy by appointment, and the person so appointed shall hold his 
office until the next election of county officers, at which election the 
county board shall order the election of a successor: Provided, th&t 
if a vacancy shall not be filled by the county board within thirty 
days of the time the vacancy occurs by reason of a tie vote of said 
board upon the vote to fill the vacancy, or from any other cause, then 
it shall be the duty of the clerk to the county board to summons the 
county judge of the county in which the vacancy exists to meet with 
the county board at a time and place to be designated by the clerk, 
of which meeting the members of the county board shall have notice; 
and said county board and county judge, when so notified, shall meet 
at the time and place designated, of [at] which meeting the county 
judge shall preside, and in case of a tie vote he shall give the casting 
vote. Upon the appointment of a person to fill the vacancy of county 
superintendent of schools, the clerk of the county board shall notify 
the person so selected and appointed by the board of his selection 
and appointment, and he shall hold his office until the next election 
of county officers, at which election the county board shall order the 
election of a successor. (As amended by an act approved April 22, 
1899.) 

1. When a county superintendent of schools tenders his resignation in 
writing, and this resignation is received and filed, the resignation is complete, 
and is not subject to revocation. Pace v. People, 50-432. 



12 



§ 9. In counties having not more than one hundred (100) schools, 
the county board may limit the time of the superintendent: Pro- 
vided, that in counties not having more than fifty (50) schools, the 
limit of time shall not be made less than one hundred and fifty (150) 
days a year; in counties having from fifty -one (51) to seventy-five 
(75) schools, not less than two hundred (200) days a year; and in 
counties having from seventy-six (76) to one hundred (100) schools, 
not less than two hundred and fifty (250) days a year. 

§ 10, The county superintendent may, with the approval of the 
county board, employ such assistant or assistants as he needs for the 
full discharge of his duties. Such assistants shall be persons of 
good attainments, versed in the principles and methods of education, 
familiar with pjiblic school work, and competent to visit schools. 
Such assistants shall receive such compensation as may b© fixed by 
the county board. 

§ 11. County superintendents shall receive in full, for all services 
rendered by them, commissions as follows: Three per cent commis- 
sion upon the amount of sales of school land, or sales of land upon 
mortgage, or of sales of real estate taken for debt, including all ser- 
vices therewith. Two per cent commission upon all sums distri- 
buted, paid or loaned out by them for the support of schools. For 
all other duties required by law to be performed by them, four dol- 
lars (|4) a day for such number of days as shall be spent in the 
actual performance of their duties, not exceeding the number fixed 
by the county boards in counties in which the boards are given power 
to fix the number of days by section 9 of this article of this act, and 
one dollar ($1) a day, for expenses for the number of days actually 
spent in school visitation. 

1. The per diem allowance to county superintendents of schools may 
be regarded as compensation and not as fees in the sense that that word is 
used in section 11, article 10 of the Constitution. That section has no appli- 
cation and does not operate to repeal the law under which the compensation 
is fixed. Such a law is not in conflict with the constitution. Jefferson County 
v. Johnson, 64-149. 

2. The act of 1867, fixing the compensation of county superinten- 
dents, was not repealed by the eleventh section of the tenth article of the 
Constitution, and that the per diem sllowance to county superintendents 
might be regarded as compensation and not fees, as that term is used in that 
instrument. Knox County y. Christianer, 6&-AS3. 

. Under the statute in force at the time, (1872), a county superin- 
tendent of schools had no lawful authority to hold a teachers' institute, and 
thereby charge the county for such service, unless the holding of such 
teachers' institute had been provided for by the county board. The county 
board had complete control of this subject, and the superintendent could not 
act for the county in this regard, without the sanction of the county board. 
Murray v. Clay county, 81-597. 

4. Section 10, article 10 of the Constitution, in speaking of all county 
ofiBicers manifestly refers to those named in section 8, preceding, and does 
not include the county superintendents of schools, an office that might or 
might not be created, but, if created, its compensation was to be prescribed 
by law. To ascertain what is the compensation of the county superintendent, 
we must look to the statutes enacted since the adoption of the Constitution. 
Jimison v. County of Adams, 38A-52. 



13 

5. Section 5, article 8 of the Constitution provides, that there may 
be a county superintendent of schools in each county, whose qualifications, 
powers, duties, compensation and time and manner of election, and term of 
office, shall be prescribed by law. This provision vests the power of fixing 
the compensation of county superintendents of schools in the Legislature. 
Such superintendents do not belong to that class of county officers whose 
compensation is to be fixed by the county board, as provided in section 10, 
article X of the Constitution. Jimison v. Adams county, 130-558. 

§ 12. The county superintendents shall present under oath, or 
affirmation, their itemized bills for their per diem compensation and 
for the expenses allowed by this article of this act, when visiting 
schools, together with a report of all their acts as such county super- 
intendent, or assistant, including a list of all the schools visited, 
with the dates of visitation, to the county board, at the annual meet- 
ing of such county board in September, and as near quarterly there- 
after as such board may hare regular or special meetings, and after 
the bills have been audited by the county board, the county clerk 
shall certify to such auditing upon the bills, and transmit them to 
the Auditor of Public Accounts, who shall, upon receipt of them, re- 
mit in payment thereof to each superintendent his warrant upon the 
State Treasurer for the amount certified to be due him. The said 
Auditor, in making his warrant to any county for the amount due it 
from the State school fund, shall deduct from it the several amounts 
for which warrants hare been issued to the county superintendent of 
said county since the next preoeeding apportionment of the State 
school fund. 

§ 13. It shall be the daty of each county superintendent of schools 
in this State — 

Fh'st — ^To sell township fund lands, issue certificate of purchase, re- 
port to the county board and State Auditor, and perform all other 
duties pertaining thereto, as required by article 18 of this act. 

Second — To register applicants for admission to the State Normal 
Universities and to the University of Illinois, and to assist in the 
examination of the same as directed by the State Board of Education 
or other proper authorities. 

Third — To visit each school in the county at least once a year, and 
in the performance of this duty he shall spend at least half the time 
given to |his office, and more, if practicable, in visiting ungraded 
schools. 

Fourth — To note, when visiting schools, the methods of instruction, 
the branches taught, the text-books used, and the diseipline, govern- 
ment and general condition of the schools. 

Fifth — To give teachers and school officers such directions in the 
science, art and methods of teaching and courses of study as he may 
deem expedient and necessary. 

Sixth — To act as the official adviser and constant assistant of the 
school officers and teachers of his county; and in the performance of 
this duty he shall faithfully carry out the advice and instruction of 
the State Superintendent of Public Instruction. 



14 

Seventh — To cod duct as provided for in section 10 of article 7 
of this act, a teachers' institute, and to aid and' encourage the for- 
mation of other teachers' meetings, and to assist in their manage- 
ment. 

Eighth — To labor in every practicable way to elevate the standard of 
teaching, and improve the cordition of the common schools of his 
county. 

Ninth — To examine at least once each year, all books, accounts and 
vouchers of every township treasurer in his county, and if he finds 
any irregularities in them he shall at once report the same in writing 
to the board of trustees, whose duty it shall be to take, immediately, 
such action as the case demands. 

Tenth — To examine all notes, bonds, mortgages, and other evidences 
of indebtedness which the township treasurer holds officially, and if 
he finds that if the papers are not in proper form, or that the secur- 
ities are insufficient, he shall so state in writing to the board of 
trustees. 

Eleventh — To give notice of the election of trustees in cases such 
as those provided for in section 15, article 3 of this act. 

Twelfth — To file and safely keep the poll books and returns of any 
election required to be returned to the county superintendent by any 
provision of this act. 

Thirteenth — To investigate and determine all matters pertain- 
ing to the change in the boundaries of school districts which may 
come to him by appeal from the decision of the school trustees, and 
to notify the township treasurer, from whom the papers relating to 
the matter were received, of his decision of the matter. 

1. On appeal to the county superintendent from the action of the 
boards of trustees of certain townships rejecting petitions for the formation 
of a new school district, it is his duty to investigate and determine whether 
the proposed change will be for the best interests of the districts affected, 
and his decision is final, in the absence of fraud or a flagrant abuse of his 
discretion. School Trustees v. School Directors, 190-290. 

Fourteenth — To give notice of the election of school directors 
in cases such as are provided for in section 9 of article 5 of this act. 

Fifteenth. To hold meetings, at least quarterly, for the examin- 
ation of teachers, as provided for in section 7 of article 7 of this 
act. 

Sixteenth — To grant certificates of qualification to such persons 
as may be qualified to receive them, as provided for in section 3 of 
article 7 of this act; and to keep a record of all teachers to whom 
such certificates have been granted, as provided by section 4 of 
article 7 of this act; and to keep a record of all teachers em- 
ployed in teaching in his county. 

Seventeenth — To keep a just and true account of all moneys re- 
ceived and all moneys paid out on account of the "institute fund," 
and make report thereof to the county board, as provided for in 
section 9 of article 7 of this act. 



15 

Eighteenth— To present to the county board of the county, at 
the first regular meeting thereof, annually, the report required by 
section 3 of article 11 of this act. 

Nineteenth — To notify presidents of boards of trustees and clerks 
of school districts, on or before Sept. 30, annually, of the amount 
of money paid by him to the township treasurer, and the date of such 
payments. 

Twentieth — To receive and file, on or before the 15th day of July 
preceding each regular session of the General Assembly, and such 
other times as may be required by the State or county superinten- 
dent, a statement from the board of trustees of each township, 
giving such statistics and information as may be called for. 

§ 14. The said county superintendent shall have power — 

First — To require the board of truestees of each township in his 
county to make, at any time he may desire, the report provided for 
in section 28 of article 3 of this act. 

Second — To recommend to the State Superintendent the remis- 
sion of the penalty provided for a failure by the trustees of schools 
to make the report provided for by law. 

Third — To renew teachers' certificates at their expiration by his 
indorsement thereon. 

Fourth — To revoke the certificate of any teacher for immorality, 
incompetency or other cause. 

Fifth — To direct in what manner township treasurers shall keep 
their books and accounts. 

Sixth — To bring suit against the county collector for a failure to 
pay State Auditor's warrant, as provided for in section 5 of article 
12 of this act. 

Seventh^-To remove any school director from office for a willful 
failure to perform the duties of his office. 

Eighth — To lease and sell real estate in cases provided for in sec- 
tion 26 of article 13 of this act, in the manner therein specified. 

§ 15, The said county superintendent shall provide three well 
bound books, which shall be paid for from the county treasury. 
These books shall be known and designated by letters A, B, C, for 
the following purposes: In book "A" he shall record at length all 
petitions presented to him for the sale of common school lands, and 
the plats and certificates of valuation made by or under the direction 
of the trustees of schools, and the affidavits in relation to the same. 
In book "B" he shall keep an account of all sales of common school 
lands, which account shall contain the date of sale, name of pur- 
chaser, description of land sold and the sum sold for. In book "C" 
he shall keep a regular account of all moneys received for lands sold 
or otherwise, and loaned or paid out; the persons from whom re- 
ceived, and on what account, and showing whether it is principal or 



16 

interest; the person to whom loaned, the time for which the loan 
was made, the rate of interest, the name of the securities, when per- 
sonal security is taken, or if real estate is taken as security, a de- 
scription of the real estate; and if paid out, to whom, when, and on 
what account, and the amount paid out; the list of sales and the 
account of each township fund to be kept separate. 

§ 16. The county superintendent shall report, in writing, to the 
county board, at their regular meeting in September of each year, 
giving first, the balance on hand at the time of the last report and a 
statement in detail of all receipts since that date, and the sources 
from which they were derived; second, the amount paid for expenses; 
third, the amount of his commissions; fourth, the amount distributed 
to each of the township treasurers in his county; fifth, any balance 
on hand. He shall also present for inspection at the same time his 
books and vouchers for all expenditures, and all notes or other evi- 
dences of indebtedness which he holds officially, with the securities 
of the same; and he shall give in writing a statement of the condi- 
tion of the county fund, of the institute fund, and of any township 
funds of which he may have the custody. 

§ 17. On or before the 15th day of August before each regular 
session of the General Assembly of this State, or annually, if so re- 
quired by the State Superintendent of Public Instruction, the 
county superintendent shall communicate to said State superintend- 
ent all such information and statistics upon the subject of schools in 
his said county as the said State superintendent is bound to embody 
in his report to the Governor, and such other information as the 
State superintendent shall require. 

§ 18. In all cases where the township board of trustees of any 
township shall fail to prepare and forward, or cause to be prepared 
and forwarded to the county superintendent, the information and 
statistics required of them in this act, it shall be the duty of the said 
county superintendent to employ a competent person to take the 
enumeration and furnish such statistical statement, as far as prac- 
ticable, to the superintendent ; and such person so employed shall have 
free access to the books and papers of said township to enable him 
to make such statement; and the township treasurer or other officer 
or person in whose custody such books and papers may be shall 
permit such person to examine such books and papers at such times 
and places as such person may desire for the purposes aforesaid ; and 
the said county superintendent shall allow, and pay to the person 
so employed by him, for the services such amount as he may judge 
reasonable out of any money which is or may come into said super- 
intendent's hands, apportioned as the share of or belonging to such 
township; and the said county suerintendent shall proceed to re- 
cover and collect the amount so allowed or paid for such services, in 
a civil action before any justice of the peace in the county, or before 



17 

any court having jurisdiction in the name of the People of the State 
of Illinois, of and against the trustees of schools of said township in 
their individual capacity; and in such suit or suits the said county 
superintendent and township treasurer shall be competent witnesses; 
and the money so recovered, when collected, shall be paid over to 
the county superintendent for the benefit of said township, to replace 
the money taken as aforesaid. 

§ 19. Whenever the bond of any township treasurer approved by 
the board of trustees of schools, as required by law, shall be delivered 
to the county superintendent, he shall carefully examine the same, 
and if the instrument is found in all respects to be according to law, 
and the securities good and sufficient, he shall endorse his approval 
thereon, have it recorded in the circuit clerk's office, and file the 
same with the papers of his office, but if said bond is in any respect 
defective, or if the penalty is insufficient, he shall return it for cor- 
rection. When the bond shall have been duly received and filed, the 
superintendent shall, on demand, deliver to said township treasurer 
a written statement certifying that his bond has been approved and 
filed, and that said township treasurer is entitled to the care and cus- 
tody, on demand, of all moneys, bonds, mortgages, notes and secur- 
ities, and all books, papers and property of every description belong- 
ing to said township. 

§ 20, Upon the receipt of the amount due upon the Auditor's 
warrant, the county superintendent shall apportion said amount, also 
the interest on the county fund and the fines and forfeitures, to the 
several townships or parts of townships in |hi8 county, in which 
townships or parts of townships schools have been kept in accord- 
ance with the provisions of this act, and with instructions of the 
State and county superintendents, according to the number of 
children, under twenty-one years of age, returned to him, and shall 
pay over the distributive share belonging to each township and 
fractional township, to the respective township treasurers, or other 
authorized persons annually: Provided, that no part of the State, 
county or other school fund shall be paid to any township treasurer 
or other person authorized by said treasurer, unless said township 
treasurer has filed his bond, as required by section 1 of article 4 of 
this act; nor in case said treasurer is reappointed by the trustees, 
unless he shall have renewed his bond and filed the same as afore- 
said. 

1. In this connection see Pace v. Ihe People, 47-321. 

§ 21. The county superintendent may loan any money, not inter- 
est, belonging to the county fund, or to any township fund, before 
the same is called for, according to law, by the township treasurer, 
at the same rate of interest, upon the same security and for the same 
length of time as is provided by this act in relation to the township 
treasurers, and apportion the interest as provided in the preceding 
section; and notes and mortgages taken in the name of the "county 

— a S 



18 

superintendent" of the proper county are hereby declared to be as 
valid as if taken in the name of "trustees of schools" of the proper 
township, and suits may be brought in the name of "county superin- 
tendents" on all notes and mortgages heretofore or hereafter made 
payable to the county superintendents. 

1. It' is the duty of the school commissioner, when he lends money for 
a longer term than one year, to secure the loan by a mortgage on real estate, 
which, at a fair and reasonable cash value, is worth 40 per centum more than 
the amount of the loan, and he must resort to all accessible means of informa- 
tion, to satisfy himself that the title to the land is in the mortgagor, and is 
unincumbered. The title must be such that a prudent and careful man 
would not hesitate to invest his own money upon it, at a full price. He must 
act with at least as much care and circumspection in securing this school 
money as a prudent and careful man would exercise in securing his own, re- 
lying alone upon the title. If the commissioner neglects to do this, then the 
loan is not authorized by law, and he is, in legal contemplation, as much 
guilty of violating his official duty as if he had appropriated the money to his 
own private purposes. People v. Haines, 5 Gilman-528. 

2. If the commissioner acts in good faith, and with due caution and 
circumspection, then he does his duty and incurs no responsibility; but if he 
lends the money either in bad faith, or without such care and circumspection, 
then he diverts and misapplies it, and is responsible at once for the full 
amount thus misapplied. The intention of the law is, and so it is expressly 
declared, that all sums lent for a longer term than one year, shall be secured 
by a mortgage on real estate, valued at 40 per centum more than the amount 
of the loan. If he violates the law in lending the money, and thus incurs 
liability, he cannot postpone that liability by the terms of that very illegal 
loan. If he is liable at all, it is for the illegal loan, and necessarily the 
liability accrues as soon as the illegal act is done. Ibid. 

§ 22. In all controversies arising under the school law, the opinion 
and advice of the county superintendent shall first be sought, whence 
appeal may be taken to the State Superintendent of Public Instruc- 
tion upon a written statement of facts certified by the county super- 
intendent. 

§ 23. The county superintendent, upon his removal or resigna- 
tion, or at the expiration of his term of office, (or in case of his death, 
his representatives,) shall deliver over to his successor in office, on 
demand, all moneys, books, papers and personal property belonging 
to the office or subject to the control or disposition of the county 
superintendent. 

1. The money in the hands of the school commissioner is the property 
of the county, to be used for school purposes, and it is his duty, on going out 
of office, to deliver it over specifically or in funds of equivalent value to his 
successor in office. Hamilton v. CooTc County, 4 Scammon-519. 

2. A school com-nissioner cannot be compelled by law to suffer any 
loss, by reason of the faithful discharge of the duties devolving on him in his 
fiduciary capacity. Any loss growing out of the use, by him, of the funds of 
the county, in pursuance of his authority as agent, must fall, not on him, 
but on the county. Where a school commissioner is required by law to ac- 
cept State bank paper, for debts due the school fund, he may lawfully pay 
and discharge the balance in his hands, as such school commissioner, in such 
funds, if they have been received by him, for such debts, unless by reason of 
his neglecting or refusing to pay them over to his successor in office, or other- 
wise to disburse them, when required by law to do so, they have depreciated 
in his hands. Ibid. 



19 

3. Where a school commissioner has been removed from office, he 
has no right to acccept from a debtor to the school fund, the amount of his 
indebtedness, and return to him the notes executed by said debtor, and the 
mortgage given to secure the same. In a suit against the debtor by the suc- 
cessor of that officer, ic is held that the payment was made in fraud of the 
rights of the school commissioner, and cannot avail the defendant. Jameson 
V. Conway, 5 Gilman-227. 

Article III. 

TOWNSHIP TRUSTEES OF SCHOOLS. 

Section 1. Each congressional township is hereby established a 
township for school purposes. 

1. The references to school townships in the school law, I mean the 
Congressional townships, which are thereby declared to be established as 
townships for school purposes. Irustees of Schools v. Ihe People, 161-146. 

2. The Legislature may unite or divide townships and tneir school 
funds, as it thinks best. To say that the Legislature cannot, when it is 
deemed for the best interests of the cause of education, unite two townships 
in one, or make a township of parts of several, is asserting an impotency in 
sovereign state, which would deprive it of the power to discharge the trust, 
as the best interests of the objects of the trust may frequently require. 
Crreenleafy. Irustees, 22-236. 

3. When a city annexes part of a school township leaving the 16th 
section, such remainder constitutes a school township, and is entitled to the 
rents, issues and profits of said section, to be administered by the trustees of 
schools for its own uses and purposes. People v. Irustees, 86-613. 

4. School townships were created and are continued for school pur- 
poses alone, and not for municipal purposes. They are intended to establish 
schools, to lend and manage the school fund of the township and to pay the 
teachers of schools taught in their jurisdiction. This is the purpose of their 
organization. They were not created to exercise any of the functions of 
government, and hence, are not municipal in their nature or purpose. People 
V. Irustees of Schools, 78-136. 

§ 2. Whenever any fractional township contains less than two 
hundred (200) persons under 21 years of age, the trustees thereof, 
upon petition of a majority of the adult inhabitants of such frac- 
tional township, may, by written agreement entered into with the 
board of trustees of any adjacent township, consolidate the territory, 
school funds and other property of such fractional township with 
such adjacent township, and thereafter shall cease to exercise the 
functions of school trustees for such fractional township; and such 
territory, school funds and other property, aforesaid, shall thereafter 
be managed by the board of trustees of such adjacent and consoli- 
dated township in accordance with the terms of agreement aforesaid, 
in the same manner as is, or may be, provided by law, for the man- 
agement of territory, funds and other property of school townships: 
Provided, that the said written agreement shall be duly signed by a 
majority of the said trustees, and filed for record by the said trustees 
in the office of the county clerk of the county in which such consoli- 
dated township, or the greater part thereof, is situated. (As amended 
June 21, 1895). 



20 

§ 3. The school business of the township shall be done by three 
trustees, to be elected by the legal voters of the township, as herein- 
after provided for. 

1. When a body of men are referred to as having power to decide a 
question, it is always understood, unless otherwise expressly declared, that 
the majority shall decide. Irustees oj Schools v. Allen, 21-120. 

§ 4. Said trustees shall be a body politic and corporate, by the 

name and style of "trustees of schools of township No range No. 

....," according to the number. The said corporation shall have 
perpetual existence, shall have power to sue and be sued, to plead 
and be impleaded, in all courts and places where judicial proceed- 
ings are had. 

1. In respect to quasi corporations, as exist only for public purposes, 
the Legislature has an unquestionable right to change, modify, enlarge, re- 
strain or destroy; and may exercise a superintending control over all their 
money and other property, securing, however, as a matter of good faith, the 
effects of the corporation, for the use of those for whom it was donated or 
purchased. The Legislature may also, from time to time, direct in what 
manner the school funds shall be loaned, upon what security, at what rate of 
interest, in what currency they shall be received, and by whom they shall be 
applied. Bush v. Shipman, 4 Scamon-186. 

2. Public corporations are but parts of the machinery employed in 
carrying on the affairs of the State, and they are subject to be changed, 
modified or destroyed, as the exigencies of the public may demand. The 
State may exercise a general superintendence and control over them, and 
their rights and effects, so that their property is not divested from the uses 
and objects for which it was given or purchased. That the trustees of 
schools are corporations of this character, and subject to be regulated and 
controlled by the Legislature, is fully established. Fleece v. Bussdl, 13-27, 
In this connection see Bradley v. Case, 3 Scammon-585; Barger v. Jones, 3 
Scammon-613 . 

3. The statute transforms the mass of the inhabitants of a township 
into a corporation, the head of which is the three trustees elected by them, 
and directs that the business of the township be transacted by such trustees, 
and empowers them to sue in their corporate name. Moore v. School Irustees. 
19-83. 

4. The trustees, representing the inhabitants, the members of the 
corporation, are the proper parties to sue in relation to the school lands. 
The State although the real owner of said lands, cannot be made a party de- 
fendant, nor compelled to sue. Her sovereignty would protect her from be- 
ing coerced to prosecute or defend. The school commissioner stands in a 
fiduciary relation to the parties in interest, being a mere agent created by 
law, and empowered to sell the land for the benefit of the inhabitants of the 
township. Ibid. 

5. Courts of equity will scrupulously examine the conduct of persons 
acting in fiduciary or trust capacities, and protect the trust property from 
waste, whether it arise from the actual or constructive fraud of the trustee, 
acting with the party obtaining the undue advantage, or from the fraud of 
the latter alone. Ibid. 

6. Each Congressional township is established a township for school 
purposes. The business of the township shall be done by three trustees, to 
be elected by the legal voters of the township, who, upon their election, as 
hereinafter provided, shall be a body politic and corporate, by the name and 
style of trustees of schools of the township. The corporation shall have per- 
petual existence, and shall have power to sue and be sued, to plead and b« 
impleaded, in all courts and places where judicial proceedings are had. 
People V. Bupuyt, 71-651. 



21 

7. The duties and powers of the trustees are defined to be, amon? other 
things, the authority to appoint a treasurer, who shall be clerk of the board- 
to lay off the township into one or more school districts, to suit the wishes 
and conveniences of a majority of the inhabitants of the township; thev are 
invested with the title, care and custody of all school houses and school sites* 
all money tor school purposes in the township goes into the hands of the 
treasurer; it is the duty of the trustees to apportion all school funds between 
the several districts in the township. Ibid. 

8. Prom the various provisions of the statute, it is apparent that the trus- 
tees ot schools were created a corporation, or what might more strictly be 
termed a quast corporation, for the purpose and with the sole and only power 
of acting in matters pertaining to the public schools of the township. A.I1 
other business is foreign to the object for which they were created a bodv 
corporate. Ibid. ^ 

9. The Supreme Court, in passing upon the powers of school officers, 
have said that they possess only the authority granted by the statute and 
such as may result by fair implication from what is granted, and have shown 
a clear purpose in defining these powers to construe them strictly. Watts v 
McLean, 28A-537. 

..u-^^'j The constitutional mandate is, that all civil officers, with exceptions 
that do not include trustees of schools, shall take and subscribe an oath be- 
fore entering upon the duties of their respective offices. Such official oath is 
an essential and necessary qualification for holding the office, and without it, 
the title to the office fails. Simmons v. Ihe People, 18A-588. In this connec- 
tion see ScJiool Directors v. 2 he People, 79-511. 

11. No act of the Legislature has ever granted the title to the school 
property and fund irrevocably to any body of persons. It has created cor- 
porate bodies to handle and control the fund for the use of the people but 
that body has not parted with the power to control the fund in any manner 
it may choose, for the use of schools. The State is the real owner of the 
school tund, to be held m trust for the purposes of the grant. City of Chi- 
cago V. Ihe People, 80-384. 

12. The general principle of law is settled beyond controversy, that the 
agents or officers of a municipal corporation, cannot bind the corporation by 
any contract which is beyond the scope of its powers, or entirely foreign to 
the purposes of the corporation, or which is against public policy. The build- 
ing of railroads is utterly foreign to the objects and purposes for which the 
trustees ot schools were created a corporation by public statute. People v. 
Dupuyt, 71-651. 

• "^?*j Trustees of schools are not named in the Constitution. They are not 
included in the municipalities which may be vested with power to assess and 
collect taxes, and they have never been authorized, by any public law, to 
assess taxes for any purpose. The term townships in section 5, evidently re- 
ters to townships formed under the township organization law, and the Legis- 
lature could only clothe school districts, and not school trustees, with the 
power of taxation. Irustees v. The People, 63-299. 

• ^^' c The trustee of schools were not corporate authorities within the mean- 
ing ot the Constitutional provision. When the Constitution said that the cor- 
porate authorities of school districts might be vested with the right of taxa- 
tion, it limited the power of the Legislature to the corporate authoritie? 
designated: The designation of the particular authorities must exclude all 
others, or there would be no limitation, Ibid. 

T "^5" X '^^^ Constitution restricted the use of the taxes to corporate purposes. 
In deteroaining the declared purpose we must regard alone the object to be 
accomplished by the school district. The only "design of a school district 
must be to give instruction. It could never have been contemplated that it 
should embark in railroad and other enterprises entirely foreign from the aim 
or its existence. Ibid. 



22 

16. School corporations, like individuals, must, when they obtain and 
hold the money of another, be held to refund it. It is an elementary prin- 
ciple of law, that the action of assumpsit for money had and received for the 
use of another, will lie whenever the defendant has received money which, in 
equity, belongs to the plaintiff. Irustees of Schools y. Irustees of Schools, 
81-470. 

17. Where a promissory note is signed by two persons as school trustees, 
but which does not purport to be a note given in behalf of the district, such 
note is the individual note of such persons and not the note of any school 
corporation. The words school trustees, are simply descriptio personarum. 
Village of Cahokia v. Butenberg, 88-219. 

18. Where such a note is endorsed in blank and delivered to a bank for 
borrowed money, and the endorser, after the maturity of the note is com- 
pelled to pay the same, it is held, that the endorser charged himself as 
security for the makers of the note, and not as security for the district. He 
must look to the principals for indemnity. He cannot sue the district. In 
the whole transaction there is no contract or privity between the trustees of 
schools and himself. Ibid. 

19. It would be inequitable for one to hold office under a board of trustees 
of schools, to hold said board out to the public as a legally constituted body, 
contract with it, and then, when sued on a contract thus made, set up that 
the board has no legal existence . The secretary of a board of trustees acted 
in that capacity for a period of 11 years. As an officer of the board he sanc- 
tioned the validity of their acts and doings. Under such circumstances, 
when he contracted to sell a lot for a school house site to a board of directors, 
knowing, as he did, that the title would go to the trustees, he is estopped 
from denying the legality of the election of the school trustees. Frich v. 
Irustees oj Schools, 99-167. 

20. The trustees of schools represent the public in respect of all matters 
confided to them by law, and their action, within the scope of their authority, 
when acting in conformity with the law, must necessarily be binding on the 
public, and their acts, when done in obedience to the mandate of a court of 
competent jurisdiction, must have the same binding force and effect as if 
performed without such mandate, and upon their own motion and judgment. 
School Directors v. School Directors, 135-464. 

§ 5. The election of trustees of schools shall be on the second 
Saturday in April, annually. 

§ 6. At the first regular election of trustees, after the passage of 
this act, a successor to the trustee whose term of office then expires 
shall be elected, and thereafter one trustee shall be elected annually. 
Said trustees shall continue in office three years, and until their suc- 
cessors are elected and enter upon the duties of their office. 

§ 7. No person shall be eligible to the office of trustee of schools 
unless 21 years of age, and a resident of the township. And where 
there are three or more school districts in any township, no two 
trustees shall reside, when elected, in the same school district, nor 
shall a person be eligible to the office of trustee of schools and school 
director at the same time. 

1. The right to exercise the office of school direct9r or school trustee, can 
be inquired into by quo warranto, or original proceedings may be brought up 
on certiorari and revised. Metz v. Anderson, 23-463. 

§ 8. Notice of the election of school trustee shall be given by the 
township treasurer, upon the order of the trustees of schools by post- 
ing notices of such election at least ten days prerious to the time 



23 

of such election in not less than five of the most public places in said 
township, which notices shall specify the time and place of election 
and the object thereof, and may be in the following form, viz: 

Public notice is hereby given that on Saturday, the day of 

April, A. D , an election will be held at , be- 
tween the hours of and of said day, for the purpose of 

electing school trustee for township No .range No By 

order of the board of trustees of said township. 



lownship Ireasurer. 

§ 9. In townships where no election for school trustees has here- 
tofore been held, or in townships where, from any cause, there are 
no trustees of schools, the election of trustees of schools may be 
holden on any Saturday, notice thereof being given as required by 
section 8 of this article. The first election in such township shall be 
ordered by the county clerk of the county, who shall cause notice to 
be given as aforesaid. 

§ 10. In case of an election held, as required by the preceding 
section, the trustees elected, at their first meeting, shall draw lots for 
their respective terms of office for one, two and three years; and 
thereafter one trustee shall be elected annually, at the usual time for 
electing trustees to fill the vacancy occurring. At all elections after 
said first election, the said notice shall be given by the trustees of 
schools, through the township treasurer, as in other elections for 
trustees. 

§ 11, The trustees of schools of incorporated townships present 
shall act as judges, and choose a person to act as clerk of said elec- 
tion. If the trustees (or any of them) shall fail to attend, or refuse 
to act when present, the legal voters present shall choose from their 
own number such additional judges as may be necessary. In any 
township lying within the limits of a city, village or incorporated 
town, which has adopted the provisions of "An act regulating the 
holding of elections, and declaring the result thereof in cities, vil- 
lages and incorporated towns in this State," approved June 19, 1885, 
the said election shall be held under the provisions of said act. In 
unincorporated townships, the qualified voters present shall choose, 
from amongst themselves, the number of judges required to open 
and conduct said election. 

§ 12. No person shall vote at any school election held under the 
provisions of this act, unless he possesses the qualifications of a 
voter at a general election. 

§ 13. The time and manner of opening, conducting and closing 
said election, and the several liabilities appertaining to the judges 
and clerks and to the voters, separately and collectively, and the 
manner of contesting said election, shall be the same as prescribed 
by the general election laws of this State defining the manner of 
electing magistrates and constables, so far as applicable, subject to 
the provisions of this act: Provided, that said election may com- 



24 

menoe, if so specified in the notice, at any hour between the hours of 
eight (8) o'clock a. m., and one (1) p. m., and the judges may close 
such election at four (4) o'clock p. m. 

1. If the election of trustees of schools be held under the school law, the 
Australian ballot act does not apply, while it does apply if such trustee be 
elected at the same time as the township oflS.cers. People v. Brown, 189-619. 

2. The rule seems to be well settled that those provisions of law which fix 
the time or place of holding elections are to be construed as mandatory and 
not merely directory. Simons v. Ihe People, 18A-588. 

3. Where a specific mode is provided by statute for contesting elections 
and a specific tribunal is created for that purpose and the method of proceed- 
ing therein is fixed by law, resort must be had to the remedy thus provided, 
and the proceedings by information in the nature of a quo warranto will hot 
be entertained. High on Extraordinary Legal Remedies, section 617. 

4. The statute prescribes a mode of contesting the election of trustees of 
schools, as well as other officers, and the mode thus prescribed is exclusive. 
The law provides that the manner of contesting the election of school 
trustees shall be the same as prescribed by the general election laws of this 
State, and by the statute relating to elections, it is provided that the county 
court shall hear and determine contests of election of all county, township 
and precinct officers, with certain exceptions that do not include school 
trustees. Simons y. Ihe People, IB kr-bSS. 

§ 14. If, upon any day appointed for the election of trustees of 
schools, the said trustees of schools or judges shall be of opinion 
that, on account of the small attendance of voters, the public good 
requires it, or if a majority of the voters present shall desire it, they 
shall postpone said election until the next Saturday, at the same 
place and hour, at which time and meeting the voters shall proceed 
as if it were not a postponed or adjourned meeting: Provided, that 
if notice shall not have been given of such election, as required by 
section 8 of this article, then and in that case said election may be 
ordered as aforesaid, and holden on any other Saturday, notice thereof 
being given as aforesaid. 

1. If within the timerequired, a sufficient number of inhabitants, qualified to 
vote, organize and hold an ©lection, the person so elected will hold the office 
of trustee, notwithstanding an adjournment of the election to a different day 
and date. A subsequent election is invalid, the power of the voters in this 
regard, having been exhausted at the regular election, at whieh a trustee was 
duly elected. People v. Kies, 20-474. 

§ 15. If the township treasurer shall fail or refuse to give notice 
of the regular election of trustees, as required by said section 8 of 
this article, and if, in case of a vacancy, the remaining trustee or 
trustees shall fail or refuse to order an election to fill such vacancy, 
as required by section 16 of this article, then, and in each of such 
cases, it shall be the duty of the county superintendent to order an 
election of trustees to fill such vacancies as aforesaid, and all elections 
so ordered and held shall be valid to all intents and purposes what- 
ever. 

§ 16. When a vacancy or vacancies shall occur in the board of 

trustees of schools, the remaining trustee or trustees shall order an 

election to fill such vacancy, upon any Saturday, notice to be given 
as required by said section 8 of this article. 



25 

§ 17. In case of a tie vote at any election of trustees of schools, 
the election shall be determined by lot, on the day of the election, by 
judges thereof. 

§ 18. In townships where, for general elections, there are more 
than two (2) polling places, the trustees shall give notice that polls 
will be opened for such elections in at least two places; in which case 
at least one of said trustees shall attend at each of said places, and 
additional judges shall be chosen as provided in section eleven (11) 
of this article: Provided, there shall be at least one polling place 
for each 800 legal voters in said township, Should the polling 
places be in excess of the number of trustees, then the voters at such 
polling places so in excess shall select from their number the requi- 
site number of voters, who shall act as judges of said election in the 
manner provided by said section eleven (11) for the election of trus- 
tees in unincorporated townships. Said judges shall return the bal- 
lots and original poll-books, with a certificate thereon, showing the 
result of the election in said precinct, to the township treasurer of 
the township in which said election shall be held, whereupon it shall 
be the duty of the board of trustees of said township, within five days 
after said election, to meet and to canvass the returns from each pre- 
cinct, to make out a certificate showing the number of votes cast for 
each person in each precinct, and in the whole township, and shall 
file said certificate with the county superintendent of schools as 
otherwise provided by law. 

§ 19. In counties adopting township organization, in each and 
every township whose boundaries coincide and are identical with 
those of the town, as established under the township organization 
laws, the trustee or trustees shall be elected at the same time and in 
the same manner as the town officers. In all such townships, if no 
trustees are elected at the stated town meeting, and when vacancies 
occur in the board, an election of trustee or trustees shall be ordered 
by the remaining trustee or trustees of school, through the township 
treasurer, as provided for in section nine (9) of this article. 

1. The presumption obtains that the legislature, by a general law, did not 
intend to abrogate the provisions of a prior act relating to a special subject, 
and such repeal will not be effected when there are no negative words used, 
unless the two acts cannot stand together. People v. Brown, 189-619. 

2. Section 19, article 3, of the school law which provides that trustees of 
schools shall be elected at the same time and in the same manner as town 
oflSeers, is not repealed by section 1 of the Australian ballot act. Ibid. 

3. An election for school trustees held at the time of electing town ofl&cers 
at the annual meeting is not void because it does not affirmatively appear 
that the place where the election was held had been designated by the elec- 
tors at their annual meeting as the place for holding elections, where it has 
been a custom, acquiesced in for years, to hold the annual meeting and elec- 
tion at such place, and particularly where it is admitted that no votes were 
lost because of the location of the voting place. Ibid. 

§ 20. Upon the election of trustees of schools, the judges of the 
election shall, within ten (10) days thereafter, cause a copy ot the 
poll-book of said election to be delivered to the county superintend- 



26 

ent of the county, with a certificate thereon showing the election of 
said trustees and the names of the persons elected; which copy of 
the poll-book, with the certificate, shall be filed by said superintend- 
ent, and shall be evidence of such election. For a failure to deliver 
said copy of the poll- book and certificate within the time prescribed, 
the judges shall be liable to a penalty of not less than twenty- five 
dollars ($25) nor more than one hundred dollars ($100) to be recov- 
ered in the name of the People of the State of Illinois, by action of 
assumpsit, before any justice of the peace of the county, which pen- 
alty, when collected, shall be added to the township school fund of 
the township. 

1. It will be intended that the election was in the proper county, if the re- 
turns are made to the school commissioner, although it does not appear from 
the body of the affidavit or the jurat of the same, the name of the county and 
state in which such election was held. People v. Kies, 20-474. 

2. A poll- book which shows the returns of an election for trustees of 
schools of a town, by name, may be properly admitted in evidence, when it 
is proven that the town so named and the Congressional township were the 
same territory, and that the township was called by such name, and that the 
former trustees of that township had ordered that the school business of that 
township should be done in the name of such town. Ihid. 

§ 21. When school trustees are elected at town meetings, as pro- 
vided in section nineteen (19) of this article, it shall be the duty of 
the county clerk, as soon as the list of the names of officers elected 
at the town meetings is filed with him, to give to the county super- 
intendent a list of the names of all school trustees elected at the 
town meetings of the county, and of the towns for which they are 
elected. 

§ 22, Within ten days after the annual election of trustees, the 
board shall organize by appointing one of their number president, 
and some person who shall not be a director or trustee, but who shall 
be a resident of the township, treasurer, if there be a vacancy in this 
office, who shall be ex officio clerk of the board. 

§ 23. The president shall hold his office for one year, and the 
treasurer for two years, and until their successors are appointed, but 
either of said officers may be removed by the board for good and suf- 
ficient cause. 

1. The statutes gives the board of trustees the power to remove a treasurer 
for proper cause. The appointment of another and the approval of his bond, 
amounts to a removal of the treasurer from that office. Holbrook v. Irustees, 
22-539, 

§ 24. It shall be the duty of the president to preside at all meet- 
ings of the board and it shall be the duty of the clerk to be present 
at all meetings of the board, and to record in a book to be provided 
for the purpose all of their official proceedings, which book shall be 
a public record, open to the inspection of any person interested 
therein. All of said proceedings when recorded shall be signed by 
the president and clerk. If the president or clerk shall be absent or 
refuse to perform any of the duties of his office at any meeting of the 
board, a president or clerk 2^'''0 tern may be appointed. 



§ 25. It shall be the duty of the board of trustees to hold regular 
semi-annual meetings on the first Mondays of April and October, and 
special meetings may be held at such other times as they think 
proper. Special meetings of the board may be called by the presi- 
dent or any two members thereof. At all meetings two members 
shall be a quorum for business. 

1. The law constitutes two members of the board a quorum to transact 
business. And when they concur in any act, which the board may legally 
perform, no reason is perceived why the act is not as legally binding as if all 
were present. When the Legislature designated that number as a quorum 
for the transaction of business, it conferred upon them full power to perform 
all the duties devolving upon the board. Where their action is illegal, it 
purports to be regular and must be held binding until vacated by certiorari 
or some other direct proceeding. Scltofield v. Watkins, 22-66. 

§ 26. At the regular semi-annual meetings on the first Mondays 
of April and October, the trustees shall ascertain the amount of 
State, county and township funds on hand and subject to distribu- 
tion, and shall apportion the same as follows: 

First — Whatever sum may be due for the compensation and the 
books of the treasurer, and such sum as may be deemed reasonable 
and necessary for dividing school lands, making plats, etc. 

Second — And the remainder of such funds shall be divided among 
the districts, or fractions of districts, in which schools have been 
kept in accordance with the provisions of this act and the instruc- 
tions of the State and county superintendents during the preceding 
year ending June 30, in proportion to the number of children under 
twenty-one (21) years of age in each. 

1. Trustees of schools are public oflScers, vested with the power to deter- 
mine to what district money collected for school purposes shall belong. The 
school directors of one district cannot refuse to receive the money thus or- 
dered by the board of trustees to be paid to them; by receiving it, they do 
not become liable to an action by another district claiming it. If another 
district has any action, it must be against the trustees of the township. 
School Directors v. School Directors, 36-140. 

§ 27. The funds thus apportioned shall be placed on the books of 
the treasurer to the credit of the respective districts, and the same 
shall be paid out by the treasurer on the legal orders of the directors 
of the proper districts in the same manner as other funds of the dis- 
trict are paid out. 

§ 28. The board of trustees of each township in this State shall 
prepare, or cause to be prepared, by the township treasurer, the clerk 
of the board, the directors of the several districts, or other person, 
and forwarded to the county superintendent of the county in which 
the township lies, on or before the 15th day of July, preceding each 
regular session of the General Assembly of this State, and at such 
other times as may be required by the county superintendent, or by 
the State Superintendent of Public Instruction, a statement exhibit- 
ing the condition of schools in their respective townships for the 
preceding biennial period, giving separately each year, commencing 
on the first day of July and ending on the last of June, which state- 
ment shall be as follows: 



First— The whole number of schools which have been taught in 
each year; what part of said number have been taught by males ex- 
clusively; what part have been taught by females exclusively; what 
part of said whole number have been taught by males and females at 
the same time, and what part by males and females at different 
periods. 

Second — The whole number of scholars in attendance at all the 
schools, giving the number of males and females separately. 

Third — The number of male and female teachers, giving each sep- 
arately; the highest, lowest, and average monthly compensation paid 
to male and female teachers, giving each item separately. 

Fourth — The number of persons under twenty-one years of age, 
making a separate enumeration of those above the age of twelve 
years who are unable to read and write, and the cause or causes of 
the neglect to educate them. 

Fifth — The amount of the principal of the township fund; the 
amount of interest of the township fund paid into the township 
treasury; the amount raised hy ad valorem tax and the amount of 
such tax received into the township treasury, and amount of all other 
funds received into the township treasury. 

Sixth — Amount paid for teachers' wages; the amount paid for 
school house lots; the amount paid for building, repairing, purchas- 
ing, renting and furnishing school houses; the amount paid for 
school apparatus, for books and other incidental expenses for the use 
of school libraries; the amount paid as compensation to township 
officers and others. 

Seventh — The whole amount of the receipts and expenditures for 
school purposes, together with such other statistics and information 
in regard to schools as the State Superintendent or county superin- 
tendent may require. And any township from which such report is 
not received in the manner and time required by law, shall forfeit its 
portion of the public fund for the next ensuing year: Provided ^ 
that upon the recommendation of the county superintendent, or for 
good and sufficient reasons, the State Superintendent may remit 
such forfeiture. 

1. The law requires this report or statement to be made, and points out 
specifically what it should contain. Any township failing to make such 
report, shall forfeit its portion of the distributable fund for the ensuing year. 
Pace V. Ihe People, 47-321. 

§ 29. In all cases where a township is, or shall be divided by 
county line or lines, the board of trustees of such township shall 
make or cause to be made separate enumerations of male and female 
persons of the ages as directed by section 28 of this article, designat- 
ing separately the number residing in each of the counties in which 
such township may lie, and forward each respective number to the 
proper county superintendent of each of said counties; and in like 
manner, as far as practicable, all other statistics and information 
enumerated and required to be reported in the aforesaid section, 
shall be separately reported to the several county superintendents; 



29 



and all such parts of said statistical information as are not suscep 
tible of division and are impracticable to be reported separately 
® I, • u I reported to the county superintendent of the county in 
which the sixteenth section of such township is situated. 

§ 80. At each semi-annual meeting, and at such other meetings 
as they may think proper, the said township board shall examine all 
books, notes, mortgages, securities, papers, moneys and eflPects of the 
corporation, and the accounts and vouchers of the township treas- 
urer, or other township school officer, and shall make such order 
theron for their security, preservation, collection, correction of 
errors, if any, and for their proper management, as may seem to said 
board necessary. 

1. These duties of the board of trustees, as prescribed by the statute, are 
designed to protect and guard not only a public fund, but in addition thereto 

fo ?hL^'fnd '^thl ^^ f^^""^^ ^' -^^^ ^""'^ ^^ ^^« t^^^«^^«^ wiih Reference 
to that tund; the trustees are given a supervisory power and right and a 

duty in reterence to the treasurer's management of that fund. The statutt 

which prescribes these duties and rights is a public law of which all persons 

must take notice. Irustees of Schools v. Southard, 31A-359. persons 

*i,^" u ^^^^^^ \^ obliged to take notice of the fact that th« board may direct 
the collection of a note, and with that knowledge fairness and justice would 
require that if the surety in good faith desires the note collected; he should 
give notice to each agent of the public who has the right or duty under ?he 
raw to direct the collection of the note, the treasurer and the board of trus 
agents 2?ii''^^ '^'^ ^'^"^ ^'^^'^'^^ ^^ ^ notice to one of those 

§ 31. The trustees of schools in each township in the State may 
receive any gift, grant, donation or device made for the use of any 
school or schools, or library, or other school purposes within their 
jurisdiction, and they shall be and are hereby invested, in their cor- 
porate capacity, with the title, care and custody of all school houses 
and school house sites; Provided, that the supervision and control 
of such school houses and school house sites shall be vested in the 
board of directors of the district. 

and .i?p?''hi?ihT*.*?f7 ^^^ ^''^u"" *^® ''T^''^^ ^°<^ management of school houses 
Th« wt'^ nf i-^ V"' *° ^"''t propertv is vested in the board of trustees, 
iil fho f directors as such, cannot bring suit to compel an owner to con- 
vey the tee. A suit for such purpose can be maintained only in name of 
trustees of schools. The law invests the school directors witfi no su^h in- 
terest. Wilson V. School Directors, 81-180; Banks v. School Directors, 194-247. 

2. A school house is built by and for the public. Children of a district 
have a nght^to go to and return home from the school house, and to ravel 
over the land of another until a highway is provided. Permission to pass 
over owner's land for several years, amounts to a license requiring notice to 
revoke. Wilson v. Garrard, 59-51. ^ n^n^o lo 

3. A dedication of land for school purposes may bo proven in various 
ways. It may be established by a written grant, by long and uninterrupted 
user or by the acts and declaration of the owner of the premises. But to be 

JvSin£' nf "''''* f' "^^^u "^i*^ ^°*t?-^ *^ dedicate. Such acts, coupled with 
evidence of acceptance by the public, may make a case of dedication. No 
particular form or caremony is necessary. All that is required is the assent 
of the owner of the land, and the fact of its being used for the public pur- 

K*ni ?fi7 w-7*^® ^PP':^P^'»t\o^- Marcyv.laylor, 19-635; Davidson y. 
Heed, 111-167; Wilson r. School Directors, 81-180. 



80 

4. When a school site is conveyed for school purposes, its use is not re- 
stricted to any special purpose. It may be occupied as a school site or it 
may be rented and the rents received applied to the general school purposes 
of the district. If sold, the site would be used for other than school purposes. 
This would amount to a perversion. Irustees of Schools v. Braner, 71-546. 
In this connection see Eldridge v. Irustees of Schools, 111-576. 

5. Although the title to school property is vested in the board of trustees, 
school directors in the actual occupancy of a house when a trespass is com- 
mitted, may maintain an action of trespass. Barber v. Irustees of Schools, 
51-396; Alderman v. School Directors, 91-179. 

6. A devise of lands to the school of a specified town, to be held in trust 
for the purpose of constituting a fund to defray the expenses of teaching re- 
ligion and morals, does not vest the title in the township trustees and their 
successors under the act of 1841, then in force, which did not provide that 
the title of all lands given for school purposes should be so held. Irustees of 
Schools V. Petefish, 181-255. 

1. The fact that a school district has been illegally formed, in violation of 
a statutory provision, yet, in a collateral proceeding, the legality of the 
formation of the district cannot be inquired into, but it must be taken as 
having been rightfully formed, and that the only mode in which such illegal- 
ity can be inquired into and taken advantage of, is by information in the nat- 
ure of a quo warranto. Irumbo v. The People, 75-562; Alderman v. School 
Directors, 91-179. 

§ 32. When, in the opinion of any board of directors, the school 
house site or any buildings have become unnecessary or unsuitable 
or inconvenient for a school, the board of trustees, on petition of a 
majority of the voters of the district, shall sell and convey the same 
in the name of the said board, after giving at least twenty days' 
notice of such sale by posting up written or printed notices thereof, 
particularly describing said property, and the terms of sale, which 
notice may be in the following form, viz.: 

Public notice is hereby given that on the day of , A. D. 

, the trustees of schools of township No , range No , will 

sell at public sale, on the premises hereinafter described, between the hours 
of 10 o'clock a. m. and 3 o'clock p. m., the school house situated on the 
school house site, known as (here describe the site by its number, commonly 
known name, or other definite description) , and located in the (here describe 
its place in the section), which sale will be made on the following terms, to- 
wit: (Here insert as "one-third of the purchase money cash in hand, and 
the balance in two equal payments, due in one and two years from day of 
sale, with interest at the rate of per cent from date.") 

A. B. 

C. D. 

E. F. 

Irustees. 

And the deed of conveyance of the property so sold shall be exe- 
cuted by the president and clerk of said board, and the proceeds of 
such sale shall be paid over to the township treasurer, for the benefit 
of said district. 

§ 33. All conveyances of real estate which may be made to said 
board, shall be made to said board in their corporate name, and to 
their successors in office. 

1. Where a site has been conveyed by a sufficient deed to the township 
trustees, for the use of such district, and the deed of conveyance contained a 
condition that in case said land should not be used for a school house site it 



31 

shall revert back to the grantor, his heirs and assigns, and where the build- 
ing after having been occupied by the district for a number of years, was 
used as a dwelling by the tenant of the grantor without the consent of the 
school authorities, it is held that such facts do not show an abandonment of 
the premises for school purposes. Barber v. Trustees of Schools, 51-396. 

2. The rule in respect of trustees, generally, is that where a trustee fails to 
discharge the duties imposed by the trustees, the cestui que trust may have 
relief in a court of equity. If the trustees of schools hold the title to the 
school property for parties not entitled to its use, the district or districts in- 
jured thereby cannot be said to have an adequate remedy at law against the 
trustees of schools in their corporate capacity. * * » * * Tlie trustees 
are not even liable for cost when they sue or defend as school officers. 
School Directors y. School Directors, 135-164. 

§ 34. The township board shall cause all moneys for the use of 
the townships and districts to be paid over to the township treasurer, 
who is hereby constituted and declared to be the only lawful depos- 
itary and custodian of all township and district school funds. They 
shall have power also to remove the township treasurer, at any time, 
for any failure or refusal to execute or comply with any order or 
requisition of said board, legally made and entered of record, or for 
other improper conduct in the discharge of his duty as treasurer. 
They shall also have power for any failure or refusal as aforesaid to 
sue him upon his official bond and recover all damages sustained by 
the said board in its corporate capacity, by reason of such neglect or 
refusal as aforesaid. 

1. This language indicates the purpose to charge the treasurer with a specific 
trust. It is not used with reference to any other involuntary corporate fund. 
It is a trust fund. It is appropriated to a specific purpose by law, and until so 
devoted, there is no authority to divert it. In this sense it may be likened to 
public funds received by a county, to be paid over to a city. In such cases 
the statute of limitations does not apply, because the fund is, by law, appro- 
priated to a specific purpose, to be used by a named agency of the State. 
Irustees of Schools v. Arnold, 58J.-103. 

2. The rule seems to be general and well settled by authority, that so long 
as the duties of the trustee remain undischarged, the trustee cannot avail of 
the statute of limitations for his defense, unless the trust is openly denied to 
the knowledge of the cestui que trust. No distinction has been made between 
a suit on bond and a suit on a statutory liability. A.s to any school fund in 
the hands of the treasurer, pleas of the statute of limitations are not well 
pleaded. Ibid. 

§ 35. The township trustees are hereby vested with general power 
and authority to purchase real estate, if in their opinion the interests 
of the township fund will be promoted thereby, in satisfaction of any 
judgment or decree wherein the said board or the county superin- 
tendent are plaintiffs or complainants; and the title of such real 
estate so purchased shall vest in said board for the use of the in- 
habitants of said township, for school purposes. 

1. Where money is lent by school officers on mortgage security, the trus- 
tees of schools have the right to purchase lands at a sale made in foreclosure 
proceedings. Irustees of Schools v. Arnold 58A-103. 

§ 36. The board of trustees are hereby vested with general power 
and authority to make all settlements with persons indebted to them 
in their official capacity; or to receive deeds to real estate in com- 
promise; and to cancel, in such manner as they may think proper, 
notes, bonds, mortgages, judgments and decrees, existing or that may 



32 

hereafter exist, for the benefit of the township, when the interest of 
said township, or of the funds concerned shall, in their opinion, re- 
quire it; and their action in the premises shall be valid and binding. 

§ 37. The board of trustees are hereby authorized to lease or sell 
at public auction, any land that may come into their possession in 
the manner provided for in either of the two preceeding sections in 
such manner and on such terms as they may deem for the interests 
of the townships: Provided, That in all cases of sale of such land, 
the sale shall be either at the door of the court house, where judicial 
sales of land are usually made, or else on the premises to be sold, as 
the trustees may order and direct .• And provided, That in all cases 
of sale of land, as provided in this section, the sale shall be made in 
the manner provided for sale of the sixteehth section by section 14 
of article 13 of this act. 

1. Where a deed is made by the trustees of schools of the first part, and 
they by the same discretion, as parties, relinquish the right of homestead and 
covenant to warrant the title for themselves and their successors in office, 
although signed individually, where there is proof these persons were the trus- 
tees of the township who had owned, and then claimed to own the land and it 
appears, beyond all doubt, that the intention was to convey the land, and to 
do so as trustees — as officers of the corporation, such deed, if it does not pass 
the legal, it unquestionably passes the equitable title. Of that there can be 
no doubt. If the grantor holds the equitable fee, in a court of chancery he 
will be treated as the owner in fee. Hemstreet v. Burdich, 90-444. 

§ 38. Upon the petition of not less than 50 voters of any school 
township, filed with the township treasurer at least 15 days pre- 
ceding the regular election of trustees, it shall be the duty of said 
treasurer to notify the voters of said township that an election "For" 
or ' 'Against" a township high school will be held at the said next 
regular election of trustees, by posting notices of such election in at 
least ten of the most public places throughout such township, for at 
least ten days before the election; which notice may be in the fol- 
lowing form: 

"high school election." 

Notice is hereby given that on Saturday, the day ot April, 

A. D. , an election will be held at for the 

purpose of voting "For" or "Against" the proposition to establish a town- 
ship high school for the benefit of township No , range No 

The polls for said election will be open at and close at o'clock 

of said day. 

A. B., 

lownsMp Ireasurer. 

Provided, That when any city in this State, having a population of 
not less than 1,000 and not over 100,000 inhabitants, lies within two 
or more townships, then that township in which a majority of the 
inhabitants of said city reside shall, together with said city, consti- 
tute a school township under this act for township purposes. ( A.» 
amended by act approved June 19, 1891.) 

1. The proper construction of this last clause is, that so much of the city 
as is outside of the township in which a majority of the inhabitants of said city 
reside, shall be attached to that township and such township, so enlarged, 
shall constitute a school township for high school purposes. Trustees oj 
Schools V. Ihe People, 61A-131. 



33 

2. When, by the provisions of a special charter a city is erected into a 
school township as well as a school district, there is no reason why the special 
provisions of the charter should prevent the operation of the general statute. 
Ibid. 

3. Evidently the term school township as used in the first clause of the 
section, refers to a congressional township, which, by the express provision 
of the law, is a township for school purposeses. Ibid. 

4. It is proper to address the petition to the township treasurer and, upon 
such petition being duly presented, it is his duty to call the election. It is 
the duty of the trustees to conduct, canvass and declare the result of the 
election. Such petition will not be rendered invalid on account of mis- 
description. Ibid. 

5. By a proper construction of the provisions of the school law and the 
ballot law they are not inconsistent, and hence the former is in no way re- 
pealed by the latter. There appears to be a clear intention on the part of 
the legislature that the proposition to establish a township high school shall 
be voted on under the school law, and not under the ballot law. People V. 
Cowden, lGO-557; Bankin V. Cowden, 66A-137. 

6. The declaration by a city charter that the city shall constitute a school 
district does not take it out of the provision of the school law of 1889, that a 
city including territory which is a part of two townships, with the township 
in which the majority of its inhabitants reside, shall be a school township for 
high school purposes. Irustees oj Schools V. Ihe People, 161 146; Irustees of 
Schools V. Ihe People, 61A-131, affirmed. 

7. The petition required by the school law to be filed with the township 
treasurer for the establishment of a high school is properly filed with the 
treasurer of a township in which the majority of the inhabitants of a city 
lying in two townships reside. Ibid. 

8. The petition required by law to be filed with the township treasurer to 
procure the establishment of a high school is simply a request, and need not 
be in any particular form, and is not insufficient when filed with the proper 
officer because addressed to him as treasurer of a township erroneously 
designated. Ibid. 

9. A proceeding by quo warranto to determine whether a township high 
school district has been legally organized involves a franchise, and an appeal 
from a decision therein lies directly to the Supreme Court. People v. Bruen- 
nemer, 168-482. 

10. A proceeding by quo warranto to determine the legality of the organi- 
zation of a township high school district is properly brought against the in- 
dividuals who assume to exercise the corporate powers of the township high, 
school board, Ibid. 

11. Under the statute, where a city having a population of not fewer than 
1,000 nor more than 100,000 inhabitants lies within two townships, that town- 
ship in which a majority of the inhabitants of the city reside, together with 
the city, constitutes a school township for township high school purposes. 
Ibid. 

12. The fact that a city has been created a special school district by an act 
of the Legislature, and maintains a high school, does not take the city out of 
of the operation of section 38, article 3 of the school law relating to the es- 
tablishment of township high schools. Ibid. 

13. The presumption obtains that the Legislature by a general law, did 
not intend to abrogate the provisions of a prior act relating to a special sub- 
ject, and such repeal will not be effected when there are no negative words 
used, unless the two acts cannot stand together. People v. Brown, 189-619. 

14. The fact that an election for or against the establishment of a township 
high school is held at the same time and place as that at which trustees of 
schools are elected, does not, when the election is held on the annual town 
meeting day, make it a part of the township election, but, on the contrary, it 

-S 3 



34 

remains a special election conducted under the school law and not the ballot 
act. Ibid. 

15, Women are not entitled to vote on a proposition for the establishment 
of a township high school. The Constitution does not authorize women to vote. 
The only electors therein provided for are men. It is only in cases where 
the Constitution contains no provision as to the mode in which an election 
shall be held and as to the qualifications of an elector thereat, that the Legis- 
lature can confer suffrage on women. People v. Welsh, 70A-641. 

§ 39. The ballots for such election shall be received and can- 
vassed as in other elections, and may have thereon the name of the 
person or persons whom the voter desires for trustee or trustees. 

§ 40. If a majority of the votes at such election shall be found to 
be in favor of establishing a township high school, it shall be the 
duty of the trustees of the township to call a special election on any 
Saturday within sixty days from the time of the election establishing 
the township high school, for the purpose of electing a township 
board of education, to consist of five members, notice of which elec- 
tion shall be given for the same time and in the same manner as 
provided for in the election of township trustees. The members 
elected shall determine by lot, at their first meeting, the length of 
term each is to serve. Two of the members shall serve for one year 
each, two for two years, and one for three years from the second Sat- 
urday of April next preceding their election. Whenever a vacancy 
occurs (except by death or resignation) , a successor or successors 
shall be elected, each of whom shall serve for three years, which sub- 
sequent election shall be held on the same day and in the same man- 
ner as the election of township trustees. In case of vacancy from 
other cause than the expiration of the term of office, the board shall 
call an election without delay, which election may be held on any 
Saturday, notice of which shall be given for the same time and in 
the same manner as for the election of township trustees. Within 
ten days after their election, the members of the township board of 
education shall meet and organize by electing one of their number 
president, and by electing a secretary. It shall be the duty of the 
township board of education to establish at some central point most 
convenient to a majority of the pupils of the township, a high school 
for the education of the more advanced pupils. 

1. The school law, although consisting of different articles and sections f 
must be construed as one entire act. Greenwood v. Gmelich, 175-526. 

2. A township board of education created by section 40, arlice 3 of the 
school law, has no power to purchase a high school site or erect a high school 
building, or to levy a tax to raise money for those purposes, without the au- 
thority of a vote of the people. Ibid, Story v. Ihe People, 79A-562. 

3. The unauthorized purchase by a township board of education of the site 
for a high school is ratified where the electors vote, at an election called for 
that purpose, to build a school house on the site so purchased, and to issue 
bonds for that purpose. Board of Education v. Cardan, 182-119; Garolan v. 
Board of Education, 81A-359, reversed. 

4. That members of the board of education were not notified of the meet- 
ing at which an election was called to vote on a proposition to build a school 
house and issue bonds in payment of it, does not invalidate the election, 
where the meeting was a stated one, provided for by a regular order. Ibid. 



35 

5. Bat one polling place need be fixed in a high school district for an elec- 
tion to determine whether a new school building shall be constructed and 
bonds issued in payment. Ibid. 

6. The notices of an election to determine whether a high school building 
shall be erected and bonds issued therefor, are not invalid because two of the 
members of the board sign as president and secretary respectively, instead 
of as individual directors. Ibid. 

§ 41. For the purpose of building school houses, supporting the 
school and paying other necessary expenses, the territory for the 
benefit of which a high school is established under any of the pro- 
visions of this act, shall be regarded as a school district, and the 
board of education thereof shall have the power and discharge the 
duties of directors of schools for such district in all respects. (As 
amended by act approved May 11, 1901.) 

1. The language of this section which gives to the board of education the 
power and enjoins upon it the duties of directors of schools for such districts 
in all respects, means that, as to such school, it shall have precisely the same 
powers and exercise the same duties that district directors have and exercise 
with respect to district schools. Fisher v. Ihe People, 84-491; Irustees of 
Schools T. Ihe People, 87-303; Eichards V. Raymond, 92-612. 

2. By section 41 the township board of education is given the same power, 
which is conferred upon the directors of a school district, and is required to 
discharge the same duties, which the directors of a school district are re- 
quired to discharge, so far as relates to the building of a school house, sup- 
porting the school, and paying other necessary expenses. The power and 
the duties of the township board of education, being the same as those of 
the directors of the school district, must necessarily be subject to the same 
restrictions. Greenwood v. Gmelich, 175 526. 

3. It is apparent the object of the Legislature was simply to increase the 
facilities for acquiring a good education in free schools. The high school 
thus established can no more be controlled for the benefit of some to the ex- 
clusion of others, than can the district school. All children in the township 
within the prescribed ages for admission to the public schools, have equal 
rights of admission to the high school when they are sufiBciently advanced to 
need its instruction. Irustees of Schools v. Ihe People, 87-303. 

4. It is, of course, to be kept in view that its purpose is the teaching of 
more advanced branches than those taught in the district school, and that to 
insist that precisely the same studies should be pursued there as in the dis- 
trict schools would be to defeat the purpose of its creation. Ibid. 

5. Under the power to prescribe the necessary rules and regulations for 
the management and government of the school, the board may, undoubt- 
edly, require classification of the pupils with respect to the branches of study 
they are respectively pursuing, and with respect to proficiency or degree of 
advancement in the same branches; that there shall be prompt attendance, 
diligence in study, and proper deportment. All regulations or rules to these 
ends are for the benefit of all, and promotive of the interests of all. Ibid. 

6. No attempt has hitherto been made in this State to deny, by law, all 
control by the parent over the education of his child. On the contrary, the 
policy of the law has ever been to recognize the right of the parent to de- 
termine to what extent his child shall be educated during minority. The 
policy of the school law is only to withdraw from the parent the right to 
select the branches to be studied by the child, to the extent that the exercise 
of that right would interfere with the system of instruction prescribed for the 
school, and its efficiency in imparting education to all entitled to share in its 
benefits. Ibid. 

7. No particular branch of study is compulsory upon those who attend 
school, bat schools are simply provided by the public in which prescribed 



86 

branches are taught, which are free to all within the district between certain 
ages. * * * * Conceding that all the branches of study decided 
to be taught in the school shall not necessarily be pursued by every pupil, it 
cannot in anywise prejudice the school, if one branch rather than another 
be omitted from the course of study of a particular pupil. Ibid. 

8. This section provides that the school trustees of a township, where the 
legal voters of the township have decided in favor of the proposition at an 
election held for that purpose, shall establish a high school in the township 
for the education of the more advanced pupils. A school of this character is 
certainly a free school, within the meaning of the Constitution. Free schools 
may be graded and classified, as the spirit of the Constitution contemplates 
the creation of a thorough and efficient system of free schools. That one 
school may be denominated a high school, and another in the township a dis- 
trict school, cannot affect the question in the least. Richards v. Itaymond, 
92 612. 

9. No definition of a common school is given or specified in the Constitu- 
tion, nor does that instrument declare what course of studies shall constitute 
a common school education. The phrase a common school educationis one not 
easily defined. One might say that a student instructed in reading, writing, 
geography, grammar and arithmetic had received a common school education, 
while another who had more enlarged notions on the subject might insist 
that history, natural philosophy and algebra should be included. It would 
be almost impossible to find two persons who would in all respects agree in 
regard to what constituted a common school education. Ihid. 

10. At the time of the adoption of the constitution there was a wide differ- 
ence' of opinion in different parts of the State as to what constitutes a common 
school education. A constitution which would have impaired, in any degree, 
the free high school system in existence would not have received the approval 
of the voters of the State. While the constitution has not defined what a 
good common school education is, and has failed to prescribe a limit, it is no 
part of the duty of the courts to declare by judicial construction, what par- 
ticular branches of study shall constitute a common school education. This 
is a proper question for the determination of the legislature. Ihid. 

§ 42. Two or more adjoining townships, or two or more adjoin- 
ing school districts , whether in the same or different townships, may, 
upon like petition as required for township high schools, signed by 
at least fifty (50) legal voters in each of said townships or school 
districts — and where any such school district contains less than 150 
voters, then such petition shall be signed by at least one-third of the 
legal voters of such district — and upon an affirmative vote in each of 
such townships or districts, at an election held pursuant to the pro- 
visions of section 88 of this act, establish and maintain in the same 
manner as in this act, it is provided for township high schools, a 
hit'h school for the benefit of the inhabitants of the territory de- 
scribed in such petition, and the inhabitants of any territory com- 
posed of parts of adjoining townships who are now maintaining a 
high school and who have elected a board of education, may create 
such territory a high school district by a petition of fifty (50) legal 
voters of such district and by an affirmative vote in such district, 
and may elect a board of education therefor as in other high school 
districts. All such high schools may be discontinued in the same 
manner as township high schools: Provided, that any school dis- 
trict having a population of at least two thousand (2,000) inhabi- 
tants may, in the same manner as herein provided for establishing 
and maintaining a township high school, establish and maintain a 



37 

high school for the benefit of the inhabitants of such school district, 
and elect a board of education therefor, with the same powers hereby 
conferred on township boards of education. 

All attempted high school districts in which the inhabitants are 
maintaining a high school, and have in good faith elected a board of 
education substantially as herein required, are hereby declared to be 
valid and lawful high school districts and the boards of education 
elected therefor legal boards of education. (As amended by act ap- 
proved May 11, 1901.) 

1. If a township high school is organized under this section from two or 
more adjoining townships, or two or more adjoining school districts in the 
same or different townships, a board of education may be elected for such 
high school district, with power to levy necessary taxes to build the school 
house and support the school. Gale v. Knopf, 193-245; Greeley v. Ihe People, 
194 550. 

§ 43. When any township, townships or parts of townships shall 
have organized a high school and wish to discontinue the same, upon 
petition of not less than a majority of the legal voters of said town- 
ship, townships or parts of townships, filed with the township treas- 
urers of said townships at least fifteen days preceding the regular 
election of trustees, it shall be the duty of said treasurers to notify 
the voters of the township, townships or parts of townships, that an 
election will be held on the day of said regular election of trustees 
for the purpose of voting "For" or "Against" discontinuing the town- 
ship high school, which notice shall be given in the same manner, 
and for the same length of time, and may be in substantially the 
same form, as the notice provided for in section 88 of this article: 
Provided, that any township where a creek or river divides the same 
and it has been divided into towns with such creek or river as a 
boundary line between them, and each of said towns contains a city, 
and an election has been held in such township, and carried in favor 
of establishing a township high school, a site for which has been 
selected in one of said towns, and other proceedings had thereon, a 
petition, signed by not less than one-fourth of the voters of such 
township, as shown by the vote of the last general election, may be 
filed at any time with the township treasurer of said township for an 
election, for the purpose of voting "For" or "Against" discontinuing 
the township high school as to the town in which the site is not 
located. Within ten days after the filing of the petition, as aforesaid, 
it shall be the duty of such township treasurer to post the notices for 
an election to be held according to the prayer of such petition, and 
if the majority of the votes cast at such election shall be in favor of 
discontinuing the township high school in the town where the site 
has not been located, the same shall be so discontinued as to it. (As 
amended by an act approved and in force June 2, 1897.) 

§ 44. The ballots for such election shall be received and canvassed 
in the same manner as provided for in section 89 of this article. If 
the majority of the votes of such election shall be found in favor of 
discontinuing the high school, it shall be the duty of the trustees to 
discontinue the same, and turn all the assets of the said high school 



88 

over to the school fund of the township or townships interested 
therein, in proportion to the assessed valuation of said townships, to 
be used as any other township fund for school purposes. 

§ 45. No trustee of schools shall be interested in the sales, pro- 
ceeds or profits of any book, apparatus or furniture used in any 
school in this State with which such trustee may be in any manner 
connected. For ofifending against the provisions of this section, any 
such trustee shall be liable to indictment, and, upon conviction, 
shall be fined in a sum not less than twenty-five dollars nor more 
than five hundred dollars, or may be imprisoned in the county jail 
not less than one nor more than twelve months, at the discretion of 
the court. 

§ 46. Trustees of schools in newly organized townships shall lay 
ofp the township into one or more school districts, to suit the wishes 
or convenience of a majority of the inhabitants of the township, and 
shall prepare or cause to be prepared a map of the township, on 
which map shall be designated the district or districts, to be styled, 
when there are more districts than one, "District No , in town- 
ship No , range No of the P. M. (according to the 

proper numbers) , county of and State of Illinois." 

1. To lay off and divide a city or township into school districts, and from 
time to time, alter them or create new ones, as circumstances may require, 
is a very difficult duty to perform, and it is not reasonable to expect, how- 
ever just, wise and impartial they may be, that there will be no single com- 
plaint. It requires much deliberation and the exercise of sound judgment, 
and in such case a court could not well interfere, unless gross injustice had 
been done, or the marks of corruption in the board so evident as to compel 
the court to interpose. Grove v. School Inspectors, 20-532. 

2. The board of inspectors are vested with a large discretion in the per- 
formance of their important duties, and courts will not attempt to control its 
exercise, except in a palpable case where a plain violation of the law is mani- 
fest. School Inspectors v. Ihe People, 20-525. 

3. This section provides that the trustees of schools shall lay off the town- 
ship into districts to suit the wishes and convenience of a majority of the 
inhabitants of their townships. But the law does not provide any mode by 
which these facts are to be ascertained. No vote of the people, no petition 
is required, but the trustees are peremptorily required to lay off the township 
into districts, and they are directed in so doing to suit the wishes and con- 
venience of the inhabitants of their township. There being no mode pro- 
vided by the act by which this is to be accomplished, the board must neces- 
sarily take the responsibility of deciding the question, acting upon the best 
lights before them, and exercising their best judgment. They must perform 
that duty, and their honest action cannot be inquired into. Met2 v. Ander- 
son, 23-463. 

4. In the matter of the formation of school districts, the trustees are in- 
vested by law with a large discretionary power which it is their duty to exer- 
cise for the best interests of the inhabitants of the township. There is no 
mode pointed out in the statute for ascertaining the wishes ot the inhabitants 
of the townships, or what number and size districts would best suit their con- 
venience. It is made the imperative duty of the trustees to lay off the town- 
ship into districts, but the manner of doing so is left to their sound discretion. 
When this discretion is honestly exercised, a court of equity has no power to 
supervise the action of the trustees in the premises. Ihompson v. Beaver, 
63-353. 



39 

5. The trustees have power under the school law to district, and it is 
made their duty to district their townships into proper divisions to suit the 
wishes and convenience of a majority of the inhabitants thereof, for school 
purposes. The trustees are vested with a large discretion in the performance 
of these important duties, and courts will not attempt to control its exercise 
except in a palpable ease, where a plain violation of the law is manifested. 
School Directors V. Irustees of Schools, 66-247. 

6. The formation of districts, changing their boundaries, detaching terri- 
tory from one district and attaching it to another, is by law committed to the 
trustees of schools. Their determination of all such matters is final and con- 
clusive. The discharge of this function affects the public interests, and the 
school directors are bound by their action, whether it is taken on their own 
motion or under the mandate of a court of competent jurisdiction. In either 
case the directors have no discretion, but must acquiesce and accept the dis- 
trict thus formed. School Directors v. School Directors, 135-464. 

§ 47. In a township where such division into districts has been 
made, the same trustees may, in their discretion at the regular meet- 
ing in April, when petitioned as hereinafter prescribed for, change 
such districts as lie wholly within their township, so as — 

First — To divide or consolidate districts. 

Second — To organize a new district out of territory belonging to 
two or more districts. 

Third — To detach territory from one district and add the same to 
another district adjacent thereto. 

1. The power to change the boundaries of school districts is discretionary, 
and the board of trustees cannot be compelled to do so by mandamus, Irus- 
tees of Schools V. Kay, 8A-30. 

2. The rule is well established that when public officers are invested with 
discretionary powers, a court of equity will not interfere to control or review 
the exercise of the power unless fraud, corruption, oppression or gross injus- 
tice is plainly shown. A court of equity cannot sit as an appellate tribunal 
to review the exercise of judgment! where there is no gross abuse of the power, 
and the law does not contemplate any supervisory power in the court for the 
purpose of correcting errors of judgment. School Irustees v. School Directors, 
190-390. 

3. The second clause of section 47, article 3, confers the power on the 
trustees to organize a new district out of territory belonging to two or more 
districts, and when a petition is presented, signed by two-thirds of the legal 
voters living within certain territory containing not less than ten families, 
asking that said territory may be made a new district as specified in clause 
3, section 48, article 3, then the trustees are clothed with authority to act. 
Parr V. Miller, 146-596. 

4. A petition to organize a new district, including all the lands of two 
old districts and parts of the lands of yet two others, is properly treated as a 
petition to organize a new district, and not as one to consolidate districts, or 
to detach territory from one district and add it to an adjacent district. Peo- 
ple V. Allen, 155 402. 

5. It is sufficient to give the school trustees jurisdiction to act on such a 
petition if it is signed by two-thirds of the legal voters residing in the terri- 
tory proposed to be organized into such new district, without regard to their 
particular location within that territory or their relation as residents to the 
former districts. Ibid. 

6. Clause 2, section 47, article 3, authorizes the trustees to organize a new 
district. Such district may include the whole territory of two or more dis- 
tricts. People V. Keechler, 194-235; People v. Allen, 155 402, affirmed. 



40 

7, A proposed change iu a school district is not rendered unjust, unrea- 
sonable and oppressive by the fact that to carry out such a change, the dis- 
trict will have to be taxed to the statutory limit. School Irustees v. School 
Directors, 190-390, 

§ 48. No change shall be made as provided for in the preceding 
section, unless petitioned for — 

First — By a majority of the legal voters of each of the districts 
affected by the proposed change. 

Second — By two-thirds (|) of the legal voters living within cer- 
tain territory, described in the petition, asking that the said territory 
be detached from one district and added to another. 

Third — By two- thirds (f) of all the legal voters living within cer- 
tain territory, containing not less than ten (10) families, asking that 
said territory be made a new district. 

1. Every petition of this nature, seeking to effect a division of a long 
established school district, should make a case within the express provisions 
of the statute, before the trustees can be required to act. School Irustees v. 
The People, 71-559. 

2. It is held that the words of clause three mean two- thirds of all the 
voters residing in the territory proposed to be formed into a new district, 
without reference to the portion taken from any particular district, and that 
it does not require ten families to reside in the particular territory taken 
from any one district. Boone v. The People, 4A-231. 

3. The first and second clause of section 48, article 3, have nothing to do 
with the organization of a new district. They do not relate to that subject. 
The first relates to an application to divide or consolidate districts. The 
second, as is apparent from its language, relates to an application, addressed 
to the trustees, to detach territory from one district and add the same to 
another adjacent district. Parr v. Miller, 146-596; Parr v. Miller, 49A-48, 
affirmed. 

4. Under section 47, and clause 3, section 48, article 3, of the school law 
providing for the making of union school districts from parts of old districts 
on petition of two-thirds of the legal voters residing in the territory of the 
proposed district, a voter moving into such territory at any time before the 
petition is signed, from another part of the same township, school district 
and voting precinct, is a legal voter, and must be counted in estimating the 
proportion of legal voters signing the petition. People v. Simpson, 168-127. 

5. Where part of the school boards of districts affected by the proposed 
formation of a new school district refuse to grant the prayer of the petition, 
the petition is defeated unless their decisions are reversed on appeal, and to 
that end appeals must be taken from the adverse decision of each board and 
must be taken to the same tribunal. Mason v. 2he People, 185-302. 

6. The tribunal to which is taken an appeal from the decisions of school 
boards refusing to grant the prayer of a petition to form a new school district 
should give notice to the boards whose decisions are appealed from, and has 
no jurisdiction to grant the prayer of the petition unless the adverse deci- 
sions of all the boards are before it on appeal. Ibid. 

7. In order that the formation of a new school district from parts of others 
shall be legal, it must be alleged in the petition and be found as a fact that 
at least two-thirds of the legal voters living within the territory to be made 
into a new district signed the petition and that said territory contained at 
least ten families. Ibid. 

8. Clause 3, section 48 of article 3, relates to the organization of a new 
district out of territory belonging to two or more districts. People v. Keech- 
ler, 194-235. 



41 

9. A legal petition, such as is specified in section 48, article 3 of the school 
law, is necessary to confer power and jurisdiction on trustees of schools to 
divide or consolidate school districts, create new districts out of existing ones, 
or to detach territory from one district and add it to another, Hamilton v. 
Frette, 189-190. 

10. If petitions to form a new school district by adding portions of other 
districts to one whole district comply with clause 3, section 48, article 3 of the 
school law, in having the signatures of two-thirds of all the legal voters re- 
siding within the territory proposed to be made into the new district, it is 
not necessary that they also comply with clause 2 of such section relating to 
detaching territory from one district and adding it to another, by having the 
signatures of two-thirds of the legal voters living in each of the different por- 
tions of the territory going to compose the new district. Ibid. 

11. Where petitions to form a new school district out of different districts 
lying in three townships and two counties have been denied by the trustees 
of the respective townships, and an appeal is taken, the two county superin- 
tendents, who, with the county judge, decide to form the new district, such 
decision is final and conclusive of the question whether the petitions were de- 
signed to evade the requirements of the law relating to petitions to detach 
territory from one district and add it to another. Ibid. 

§ 49. In school districts having a population of not less than one 
thousand inhabitants, whether acting under the general school law 
or organized and acting under a special charter, desiring a change 
of boundaries, the question of such change may be submitted to the 
trustees by vote of the people, instead of by the petition provided 
for in the preceding section; and when petitioned so to do by twenty- 
five legal voters of the district, the school board of the district shall 
submit the question of the change desired to the voters of said dis- 
trict, at a special election called for that purpose, and held at least 
thirty days prior to the regular April meeting of trustees. If a 
majority of the votes cast at any such election shall be in favor of 
the change proposed, then, due return of the election having been 
made to the township treasurer, the township trustees shall consider 
and take action the same as if petitioned therefor by a majority of 
he legal voters of such district: Provided, that no question of 
change of boundaries shall be submitted to a vote of the school dis- 
trict more than once in any one year. (As amended by act approved 
June 18, 1891.) 

1. In this connection see Shaejer v. Ihe People, 20A-605. 

§ 50. No petition shall be acted upon by the board of trustees 
unless such petition shall have been filed with the clerk of the said 
board of trustees at least twenty days before the regular meeting in 
April, nor unless a copy of the petition, together with a notice in 
writing, signed by one or more of the petitioners, shall be delivered 
by the petitioners, or some one of them, at least ten days before the 
date at which the petition is to be considered, to the president or 
clerk of the board of directors of each district whose boundaries will 
be changed if the petition is granted. 

Which notice may be in the following form, to- wit: 

The directors in district No in township No range No of the 

• principal meridian, will take notice that the undersigned and others 

have made and filed with the board of trustees of said township their petition, 
a copy of which is herewith handed to you. 

Signed 



42 

1. These are essential and substantial requirements. It is thorousrhly 
settled, by numerous adjudications in this State, that in a proceeding by 
certiorari to review the action of an inferior tribunal of limited jurisdiction, 
the reviewing court is limited to inspection of the record of the inferior tribu- 
nal, and that the record must aflSrmatively show jurisdiction. Board of Edu- 
cation V. Trustees oj Schools, 74A.-401. 

2. A petition may be amended in certain cases. Where the official action 
which is the subject of a proposed amendment has in fact been had, but by 
reason of some accident or oversight, or for some other cause, has oeen 
omitted by the clerk from the record of the proceedings of the board, both 
reason and authorities show that it is competent to amend the record to cor- 
respond with the facts, and that when such amendment is made, the record, 
as amended, unless impeached, is conclusive. Ibid. 

3. Where it appears from the return that a petition was filed with the clerk 
of the board of trustees within the time prescribed by section 50, article 3 of 
the school law, and that notice in writing was served on the boards of direc- 
tors of the districts from which the territory of the new districts was to be 
taken, it is held that the board of trustees acquired jurisdiction, and having 
jurisdiction, an order establishing a new district is valid, whether the evidence 
upon which the board predicated its judgment was incorporated in the record 
or not. Parr v. Miller, 146-596. 

§ 51. At the said April meeting, by the concurrent action of the 
several boards of trustees of the townships in which the district or 
districts affected lie, each board being petitioned as provided for in 
section 48 of this article, the same changes may be made in the 
boundaries both of districts which lie in separate townships, but ad- 
jacent to each other, and of districts formed of parts of two or more 
townships, as are permitted to be made in districts which lie wholly 
in one township. 

1. There is no authority given to call or organize a joint meeting of the 
trustees of schools of several townships, or the transaction of business by 
such a body. Bayfield v. Ihe People, 144-332. 

2. The boards of trustees of two or more townships, when acting concur- 
rently, may, under section 51, article 3, when duly petitioned, make changes 
in districts lying adjacent to each other but in separate townships, or in 
single districts formed of parts of two or more townships, the same as may 
be done by the trustees in the case of districts lying wholly in one township. 
People V. Keechler, 194-235; Webb v. Ihe People, llA-358. 

3. The word adjacent used in section 51, supra, means, that the districts, 
the territory of which may be taken, should be so united or joined together 
as to form a compact district. Ibid. 

4. When it is desired to form a new district out of territory lying in 
several different townships, the formation of such district must be petitioned 
for by two-thirds of all the legal voters living within such territory contain- 
ing not less than ten families. The territory proposed to be erected into a 
new district must contain not less than ten families, and the petition pre- 
sented to the board of trustees of any one of the townships interested must 
allege, that the proposed territory contains not less than ten families. Car- 
rico V. The People, 123-198. 

§ 52. When, at the regular meeting of the trustees in April, any 
petition shall come before the trustees, asking for any change in 
boundaries, it shall be the duty of the trustees to ascertain if the 
foregoing provisions have been strictly complied with; and if it shall 
appear that they, or either of them, have not been complied with, 



48 

then, in such case, the board shall adjourn for not longer than four 
weeks, in order that the foregoing provisions may be complied with; 
but there shall be but one adjournment for such purpose. 

1. The trustees can act only in pursuance of law. They cannot be com- 
pelled to act unless the law is complied with in every substantial particular; 
nor are they permitted to act, until it is so complied with. They have no 
power to waive anything that is necessary to compel their action. They may 
not, as a matter of grace or favor, take territory from one district and add it 
to another. They may do this only in the cases provided by law, and what- 
ever is essential to be done, before they are bound to act, they must require 
before they do act. They must kaow that the petition conforms to the law 
before they proceed. Potter v. Board of Trustees, lOA-343. 

2. When the proper conditions exist the trustees must grant the petition. 
They have no discretion. They may inquire into the facts and may grant or 
deny as the case may warrant, but their decision is not conclusive. The pro- 
priety of it may become the subject of judicial investigation in a proceeding 
by mandamus. Trustees of Schools v. The People, 25A-25. 

3. It is not necessary that the boundaries of the districts as they now exist 
be set out in the petition. The form and boundaries of the several school 
districts are known to the trustees in fact, as they are presumed in law, to 
be known to the public in general. The inquiry which the trustees are to 
make must, to a great extent, be of a summary nature and might be wholly 
met and answered by facts within their own personal knowledge. Ibid. 

4. Formal statutory documents, prepared without a form for guidance, by 
persons unskilled in technical composition, are seldom found to be models of 
neatness and accuracy. In the construction of petitions, if a legitimate 
object and sense can be reasonably ascertained from what is expressed, the 
court will supply its appropriate expression. Scott v. Irustees oj Schools, 
71A-95. 

5. The limitation in the formation of new districts out of territory pre- 
viously organized as one district, applies to each district. Neither must con- 
tain less than ten families. Both are, in fact, new districts, so far as this 
question is concerned, though, as a matter of convenience, one may be 
denominated the old or original district, and the other the new district. 
Chessire v. The People, 116-493. 

6. Trustees of schools have no power except those conferred by the 
statute, nor can they exercise the powers conferred upon them in any other 
mode than that prescribed by the statute. They cannot be compelled to act, 
and will not be permitted to act, until the law is complied with. The terri- 
tory proposed to be erected into a new district must contain not less than ten 
families, and the petition presented to the board of trustees of any one of 
the townships interested must allege, that the territory contains not less than 
ten families. If such allegation is absent from the petition, the board of 
trustees, to which it is presented, have no power to act in the formation of 
the new district. Carrico v. 2he People, 123-198. 

7. A plea stated that two-thirds of the legal voters living in a certain ter- 
ritory, which contained not less than ten families, filed petitions with the 
trustees. This was not sufficient to make it a good plea. It should have 
alleged, that the petitions, filed with the several boards of trustees, set forth 
the fact that the territory to be formed into a union district contains not less 
than ten families. A petition setting forth that the proposed territory con- 
tained not less than ten families, was necessary in order to give each board 
the power to act in the matter of forming a new district. The presentation 
of a petition making the allegation in question was a jurisdictional fact, and, 
without it, all proceedings of the board were void. Ibid. 

§ 53. If, on the day of the regular meeting, or, in case of ad- 
journment, at the adjourned meeting, it shall appear that such pro- 



44 

visions have been complied with, then the trustees shall consider the 
petition, and shall also hear any legal voters living in the district or 
districts that will be affected by the change if made, who may appear 
before them to oppose the petition, and they shall grant or refuse the 
prayer of the petitioners without unreasonable delay. After the 
trustees shall consider the petition, no objection shall be thereafter 

fw if!^ ] ® ^°''°'' ^'"? *^^^' ^°*^°^ «^a" be prima facie evidence 
tnat all the tormer requirements have been complied with. 

v.3'«v Jhf *^^.^'^9,^ ^aw writ of certiorari is the appropriate remedy to brin? 
un ?fnVtrooT%Xct/'V«r^^' ^he proceeding's (t a board ofYrusteesI? 

not be heard or considered. Miller v. Irustees of Schools, 88 26 

2. An information in the nature of a quo warranto will lie where anv n^^n- 
ciation or number of persons shall act within this State as a 7ormratiZ with 
i^L^T^ l^¥^y incorporated. Where a new distriSLsneXTeen created 
according to law, in suchcases the legal existence of this ,7^ co^nSation 

%Tn^llT'HcS?,%tlit'''''' •^^^^'^^^^^^ '^ P--^^-^^ Sr.tSTafur 

application to the court, upon 'special cause shoSS '* * * * Whence? 

fhotee denied"'^*'''* "/ T^'^T^J"",'." ^/^^^ result the writ otcertioZi 
bnouiuoe denied. * * * It should not be granted after the laose of fhrpo 

years, to review the actions of the trustess of scLols, in cSng*ngTe boun- 
<3aries of school districts. Irustees oj Schools v. School JDirecIor J] 88 100 

ally A muof .Mp^fp.'^'ll^''^''''^^^-'' ^ot-O^dmarily be questioned collater- 
ally. A much stricter rule prevails m a direct proceeding ouestiotiiTiP' tho 
corporate existence of the body and its right to eLrcise cSfpoS funXns 
ti« iT^'^rT^^'^^u'^'i^^ ^^.^"^^ «^ ^ ««« ^^rranto is the proper Remedy to test 
the legality of the formation of a school district, and it ma? be that the com- 

S.Tv^Si?Z B^^^ZTm.^t'"''''' ^" ^^^^^^^^^^^ ''^''^- ^e^^oXTc- 

§ 54. The petitioners, or the legal voters who have appeared be- 
fore the trustees at the meeting when the petition was considered, 
and opposed the same, shall have the right of appeal to the county 
superintendent of schools. Provided, that the party appealing files 
with the clerk of the trustees a written notice of appeal within ten 
days atter the final action upon the petition by the trustees, which 
notice may be m the following form, to- wit: 

To the trustees of schools township No , range No of 

county, Illinois: ., iciuj^o x^u 01 

ion^ made ofthe^ ."!!^'.'' X' of "^^^^^'^^^^ 1% ^PP-^ ^-m your decis- 
ref using) the prayer of the petition in regard 'to (here give' subsSnee of th« 
petition concerned) to the county superintendent of schooTs of 
county, Ilhnois, as provided by law. 

Signed 

§ 55. When an appeal is taken from the action of the trustees to 
the county superintendent, the clerk of the trustees shall, within five 
days after the written notice of the appeal has been filed with him 
by the appellants, transmit all the papers in the case, with a trans- 
cript ot the records of the trustees, showing their action thereon to 



45 

the county superintendent, and, in case of an appeal, the township 
treasurer shall be required to take no further action in the matter, 
except upon the order of the county superintendent, whose duty it 
shall be to investigate the case upon such appeal; and if, in his 
opinion, the change asked is for the best interests of the district or 
districts concerned, he shall make such change or changes; but if he 
considers the proposed change unadvisable, he shall refuse to make 
it, and shall reverse, if need be, the action of the trustees, and shall 
give the clerk, from whom he received the papers, immediate notice 
of his decision; and his action shall be final and binding. If the 
changes asked for by the petitioners shall be made by the county 
superintendent, he shall notify, in writing, the clerk by whom the 
papers in the case were transmitted to him, of his action, and the 
clerk shall thereupon make a record of the same, and shall, within 
ten days thereafter, make a copy of the same, and a map of the town- 
ship, showing the districts, and an accurate list of the tax-payers of 
the newly arranged districts, and deliver them to the county clerk 
for filing and record by him, the same as if the changes had been or- 
dered by the trustees. 

1. The county superintendent of schools has no ^ower to act except in 
cases where the trustees refuse to grant the prayer ot the petitioners. He 
has no power to reverse the action of the trustees where the prayer of the 
petitioners has been granted. Badger v. Knapp, 7A-222. 

2. In a case where the board of trustees took action and granted the 
prayer of the petitioners by attaching territory to another district, such ac- 
tion cannot b« reviewed by the county superintendent, and consequently 
his acts in that behalf were void, and there was no error in the order of the 
circuit court in quashing the same. Ibid. 

3. Proceedings of an inferior tribunal cannot be brought before the cir- 
cuit court for review upon writ of certiorari, where the right of review of the 
proceedings upon appeal exists, and if a writ be improvidently issued in such 
case, it should be dismissed. Irustees of Schools v. Shepherd, 139-114. 

4. In such cases there can be no reason why the clerk of the board of 
trustees should be taxed with the costs of the writ. His duties are purely 
clerical and in subordination to the direction and supervision of the board of 
trustees. He had nothing to do with the redistricting of the township, and 
was not at liberty to decline to record what he was directed to record in this 
respect. Ibid. 

§ 56. In all cases where the territory affected by a proposed 
change of district boundaries is divided by a county line or lines, 
the appeal may be taken to the county superintendent of schools of 
any one of the counties in which said territory is partly located; and 
upon any appeal being taken in any such case, the county superin- 
tendent of schools, to whom such appeal is taken, shall forthwith 
give notice to the county superintendent or superintedents of schools 
of the other county or counties, of the pendency of such appeal, and 
of the time and place when and where it shall be heard; and the 
county superintendents of schools of the counties in which the said 
territory is located, shall meet together at such time and place, and 
together hear and determine said appeal. In case the said county 
superintendents shall be unable to arrive at an agreement, then the 



46 

county judge of the county where such appeal is pending shall be 
called, and shall constitute one of the board of appeal, and thereupon 
the appeal shall be heard and determined by them. And the county 
superintendent of schools, to whom such appeal is taken, shall at 
once notify, in writing, the clerk by whom the papers in the case 
were transmitted to him of the action taken on such appeal, as here- 
inafter provided. 

§ 57. Whenever change in boundaries is made by the trustees of 
schools, if no appeal is taken to the county superintendent, the clerk 
of the trustees shall make a complete copy of the record of the action 
of the trustees, which copy shall be certified by the president of the 
trustees and the clerk who shall file the same, together with a map of 
the township, showing the districts, and an accurate list of the tax- 
payers of the newly arranged districts, with the county clerk for 
record within twenty days of the action of the trustees. 

1. The filing of such a map, properly certified, with the clerk, is not es- 
sential, but only directory. It is in nowise connected with the formation of 
the district. The law requires it to be made, and filed with and recorded by 
the county clerk. The obvious purpose of such a map is to enable that offi- 
cer to correctly extend the taxes levied by the directors in the various dis- 
tricts. School Directors V. School Directors, 73-249. In this connection see 
Potter V. School Trustees, lOA-343. 

§ 58. In case any territory shall be set off from any district that 
has a bonded debt, the change not being petitioned for by a majority 
of the legal voters of said district, such original district shall remain 
liable for the payment of such bonded debt, as if not divided. The 
directors of the original district having such bonded debt and of the 
district into which the territory taken from such original district has 
been incorporated or formed, shall constitute a joint board for the 
purpose of determining and certifying, and they shall determine and 
certify to the county clerk the amount of tax required yearly for the 
purpose of paying the interest and principal of such bonded debt, 
which tax shall be extended by the county clerk against all propety 
embraced within the original districts as if it had not been divided. 

§ 59. When the trustees of schools shall organize a new district, 
as hereinbefore provided for, it shall be the duty of the clerk of the 
board of trustees, if no appeal is taken to the county superintendent, 
to order, within 15 days after the action of the trustees, an election, 
to be held at some convenient time and place, within the boundaries 
of such newly organized district, for the election of three school 
directors, notice being give by the township treasurer, who shall 
post up at least three notices of such election in at least three promi- 
nent places in said district, at least ten days prior to the time ap- 
pointed for holding such election, which notices shall specify the 
place where such election is to be held, the time for opening and 
closing the polls, and the object of said election, which notice may 
be in the following form, to-wit: 



47 

"i-LECTION NOTICE." 

Public notice is hereby given that on the day of A. D. 

an election will be held at for the purpose of electing 

three school directors for the new district known as district No in 

township No Range No of the P. M., in 

county, Illinois. 

The polls at said election will be opened at o'clock M., and close 

at o'clock M. 

By order of the board of trustees of said township. 

Signed 

lownship Ireasurer. 

1. This section should be construed with section 2, article 6. Where a 
new district is formed which has a population of not less than 1,000 nor more 
100,000 inhabitants, there must be an election for a board of education, and 
not for three directors. But section 2, supra does not provide that the board, 
in the first instance, shall be elected only on the third Saturday in April. 
That provision relates to the election of additional members to be elected by 
reason of the increased population of said district. Nor does it require any 
census of the district, special or general, to be taken in order to authorize 
the election of the president and members of the board. It is only when ad- 
ditional members are to be elected, that the increased population must be 
ascertained by the census. People v. Keechler, 194-235. 

§ 60. At the time appointed for opening the polls for said elec- 
tion, it shall be the duty of the legal voters present, five of whom 
shall constitute a quorum, to appoint three of their number, two of 
whom shall act as judges and one as clerk of said election; and the 
election, in all other respects, shall be conducted as other elections 
for the election of school directors. 

§ 61. Within ten days after the election it shall be the duty of 
the directors, elected at such election, to meet at some convenient 
time and place previously agreed upon by said directors, and organ- 
ize as a district board by appointing one of their number president 
and another of their number clerk of said board, as in other cases of 
the election of school directors. At this first meeting of the direc- 
tors, they shall draw lots for their respective terms of oflBce for one, 
two and three years, each of which shall be considered a fractional 
term, ending at each annual meeting according to the term drawn. 

§ 62. In case a new district is organized by the action of the 
county superintendent, the said clerk of the board of trustees shall, 
within five days after he has received notice of the action of the 
county superintendent on the appeal, order an election of directors 
in the new district, the same as if the change had been made by the 
board of trustees, and such election shall be held in the same manner 
as the election provided for where the trustees have formed such new 
district. 

§ 63. Whenever a new district has been formed by the trustees, 
or by the county superintendent or county superintendents from a 
part of a district or from parts of two or more districts, the trustees 
of the township or townships concerned shall proceed forthwith to 
make a distribution of tax funds, or other funds which are in the 
hands of the treasurer, or to which the district may, at the time of 
such division, be entitled; so that both the old and new districts 



48 

shall receive parts of suoh f aads in proportion to the amount of 
taxes collected next preceding such division from the taxable 
property in the territory composing the several districts. If the new 
districts be composed of parts of two or more districts, the trustees 
shall make distribution of such funds between the new district and 
the old districts, respectively, so that the new district shall receive a 
distribution of the funds of each of the old districts in the propor- 
tion which the amount of taxes collected from the property in the 
territory of the new district bears to the whole taxes collected, next 
before the division in the old district; and the town treasurer shall 
forthwith place the sum so distributed to the credit of the respective 
districts, and shall immediately place the proportion of the funds to 
which said new districts may be entitled to its credit on his books, 
and the funds on hand shall be subject at once to the order of the 
directors of the new district, and those not on hand, as soon as col- 
lected. 

1. Where a school district is divided and a new one formed, the trustees 
of the township concerned should make a division of the funds, property and 
debts in a just and equitable manner. School Directors v. Miller, 49-494. 

2. It is not within the power of the township trustees, by any action in the 
re-organization of a township, to impair the obligation of the directors of any 
school district therein. If the indebtedness of any such district is apportioned 
among and laid upon the new organizations, thus securing its payment, the 
old district is thereby discharged; but that not having been done, it remains 
bound, and for all purposes of a remedy, will still be deemed to exist. 
Rogers v. Ihe People, 68154; Moll v. School Directors, 23A-508. 

3. Where the board of trustees meet for the purpose of appraising and dis- 
tributing property and funds, consequent upon the formation of a new 
district, and the records show that the board of trustees met for that purpose, 
it will be presumed that the distribution was made by the board of trustees, 
to whom is confided the formation of the districts and the apportionment of 
the school funds. School Directors v. School Directors, 73-249. 

4. Where an appraisement and distribution of school funds were made on 
the formation of a new district, and the old district refuses to pay over the 
proceeds to the treasurer, and the board of trustees neglects to compel such 
payment, the proper remedy for the new district is by bill in chancery to 
compel the collection of the fund, and the application thereof to its legitimate 
use, and to prevent its perversion. School Directors v. School Directors, 
135-464. 

§ 64. The trustees of the township or townships concerned shall, 
at the time of the creation of a new district or within the period of 
80 days thereafter, proceed to the appointment of three appraisers, 
who shall not be citizens of the township or townships interested. It 
shall be the duty of said appraisers, within 80 days after their ap- 
pointment, to appraise the school property, both real and parsonal, 
of the district or districts interested, at their fair cash value. Within 
80 days after such appraisement, the trustee or trustees of the town- 
ship or townships concerned shall proceed to charge the property to 
the district in which it may be found and to credit the other district 
interested therein with its proportion of such valuation: Provided, 
that the bona fide debts if any, of the old district shall first be de- 
ducted and the balance charged and credited as aforesaid; and the 
trustees shall direct the treasurer to place to the credit of the district 



49 

not retaining said property, its proportion of the value of said 
property, and of the funds then on hand, or subsequently to accrue, 
belonging to such district to which such property is charged. 

1, Where a new district is created, and an appraisal and distribution is 
made upon the formation of such new district, and the old district refuses to 
pay to the treasurer the amount found due upon division, and where the trus- 
tees refuse to act, the district may file its bill in chancery to have the fund 
collected and applied to its legitimate use, thus preventing: its loss or perver- 
sion. School Directors v. School Directors, 73-249; School Directors V. School 
Directors, 16A-651. 

2. In the sale of lands, false particulars in descriptions are frequently re- 
jected, where it is manifestly a mistake, and when their rejection will 
sustain the grant and effectuate the intention of the parties; and, in promo- 
tion of justice and the purposes of our school system, the same rule should 
apply to the boundaries of school districts. School Directors v. School Direc- 
tors, 73 249. 

§ Go. If the trustees shall fail to observe the provisions of sec- 
tions 63 and 64, in reference to the distribution of funds and prop- 
erty, they shall be individually and jointly liable to the district inter- 
ested, in an action on the case, to the full amount of the damages 
sustained by the district aggrieved. When trustees have heretofore 
failed to make the distribution of property to districts, as provided 
in said sections 63 and 64 of this article, the district interested in 
the making of such distribution may, by its directors, request the 
trustees, in writing, to proceed to make such distribution; and said 
trustees shall proceed to make such distribution in the manner pre- 
scribed, and shall be liable, as herein stated, for neglect or failure 
so to do. 

§ 66. The clerk of any board of trustees who shall fail, neglect or 
refuse to perform the duties imposed upon him by this article of 
this act, or any of them, within the time or in the manner prescribed, 
shall, for each oflFense, forfeit not less than ten (10) dollars, nor more 
than twenty- five (25) dollars, of his pay as clerk of the board of trus- 
tees and township treasurer, which forfeiture shall be enforced by 
the trustees. 

§ 67. If any school district shall, for two consecutive years, fail 
to maintain a public school, as required by law to do, it shall be the 
duty of the trustees of schools of the township, or townships, in 
which such district lies, to attach the territory of such district to 
one or more adjoining school districts; and in case said territory is 
added to two or more districts, to divide the property of said district 
between the districts to which its territory is added, in the manner 
hereinbefore provided for the division of property in case a new dis- 
trict is organized from a part of another district, and the action of 
the trustees in such case shall be final and binding. And the clerk 
of the trustees in such case shall file a copy of the record of the same, 
together with the map and list of tax-payers with the county clerk as 
in other cases of change of district boundaries. 
—4 S. 



50 

§ 68. The majority of legal voters of a district lying in two or 
more townships may secure the dissolution of said district by peti- 
tioning the several boards of trustees of said townships, at their reg- 
ular meeting in April, that each will add the territory belonging to 
said district, in its township, to one or more adjacent districts. 
Upon receipt of such petition or the returns of the election (in dis- 
tricts containing one thousand or more inhabitants) the several 
boards of trustees shall each make such disposition of the territory 
of said district as lies in its township, and they shall jointly make 
such division of property of said district between the districts to 
which its territory is attached, as is hereinbefore provided in the case 
of the organization of a new district from a part of another district. 
The action of the trustees, in accordance with such petition or elec- 
tion, shall be final and binding; and the clerks of the several boards 
of trustees, in such case, shall file a copy of the record of the same, 
together with the map and lists of tax-payers, with the county clerk 
as in other cases of change of district boundaries. 

§ 69. The trustees of schools, elected as provided for in this ar- 
ticle, shall be the successors to the trustees of school lands, appointed 
by the county commissioners' court, and of trustees of schools elected 
in townships under the provisions of "An act making provisions for 
organizing and maintaining common schools," approved February 
26, 1841, and "An act to establish and maintain common schools," 
approved March 1, 1847, and "And an act to establish and maintain 
a system of free schools," approved April 1, 1872. All rights of prop- 
erty, and rights and causes of action, existing or vested in the trus- 
trees of school lands, or the trustees of schools appointed or elected 
as aforesaid, for the use of the inhabitants of the township, or any 
part of them, shall vest in the trustees of schools, as successors, in as 
full an complete a manner as was vested in the trustees of school 
lands, or the trustees of schools appointed or elected, as aforesaid. 

1. An original judgment was obtained in 1839, by a school commissioner, 
as agent for the inhabitants o£ the county^ for the use of the inhabitants or 
a particular township, in pursuance of the laws as they then existed. The 
legal title to this judgment continued in the school commissioner until the 
passage of the act of 1841, which transferred the legal title in the judgment 
to the trustees of schools, who were authorized to be elected by the provis- 
ions of that act. Here the legal title rested until the law of 1845 transferred 
it to other trustees, authorized by that act to be elected. Irustees of Schools 
V. Douglas, 17-209. 

2. The law was again altered in 1847 and 1849, when other trustees were 
authorized to be elected, who were declared to be successors to the several 
trustees authorized to be elected by the several laws hereinbefore mentioned, 
and vesting in them all rights of property, and rights of causes of action, 
existing or vested in the trustees of school lands, or trustees of schools as 
successors, in as full and complete a manner as was vested in the school 
commissioners, the trustees of school lands, or the trustees of schools ap- 
pointed or elected as aforesaid. Ibid. 

3. If the Legislature had the power to pass the several acts transferring 
the legal title to the judgment, in the manner stated, there is no room left to 
doubt the right of a board of trustees to bring an action in debt on said judg- 
ment, to revive the same. These were all municipal corporations created for 
school purposes; and this judgment, and other property vested in them, was 
public property for the use of schools. The corporations in which it was 



51 

vested, were necessarily subject to legislative control and disposition. The 
complete authority of the Legislature over such subjects has never been 
doubted. Ibid. 

Article IV. 

TOWNSHIP TREASURER. 

Section 1. The township treasurer appointed by the board of 
trustees of schools shall, before entering upon his duties, execute a 
bond with two or more freeholders, who shall not be members of the 
board, as securities, payable to the board of trustees of the township 
for which he is appointed treasurer, with a sufficient penalty to cover 
all liabilities which may be incurred, conditioned faithfully to per- 
form all the duties of the township treasurer in township No 

range No in county, according to law ; which 

bond shall be approved by at least a majority of the board, and shall 
be delivered by one of the trustees to the county superintendent of 
the proper county. And in all cases where such treasurer aforesaid 
is to have the custody of all bonds, mortgages, moneys and effects 
denominated principal, and belonging to the township for which he 
is appointed treasurer, the penalty of said treasurer's bond shall be 
twice the amount of all bonds, notes, mortgages, moneys and effects 
and shall provide for the faithful accounting for, and turning over, 
of all such bonds, notes, mortgages, moneys and effects as shall come 
into his hands while he may act as such treasurer, under such ap- 
pointment, to his successor, when appointed and qualified, as herein 
provided by giving bond. The penalty of said bond shall be in- 
creased from time to time, as the increase of the amount of notes, 
bonds, mortgages and effects may require, and whenever, in the judg- 
ment of the trustees or county superintendent, the security is in- 
sufficient. Any and every township treasurer appointed subsequent 
to the first, as herein provided, shall execute bond with security, as 
is required of the first treasurer. 

The bond required in this section shall be in the following form, 
viz: 

State of Illinois \ „„ 

County, l^^' 

Know all men by these presents, that we, A. B., C. D., and E. F., are held 
and firmly bound, jointly and severally, unto the board of trustees of town- 
ship , range , in said coanty , in the penal sum of 

dollars, for the payment of which we bind ourselves, our heirs, executors, and 
administrators firmly by these presents. 

In witness whereof we have hereunto set our hands and seals this 

day of , A. D., 18 — The condition of the above obligation is such 

that if the above bounden A. B. , township treasurer of township 

range in the county aforesaid, shall faithfully discharge the duties 

of said office, according to the laws which now are or may hereafter be in 
force, and shall deliver to his successor in office, after such successor shall 
have fully qualified by giving bond as provided by law, all moneys, books, 
papers, securities and property which shall come into his hands or control, 
as such township treasurer, from the date of this bond up to the time that his 



52 

successor shall have duly qualified as township treasurer, by giving such bond 
as shall be required by law, then this obligation to be void; other *rise to re- 
main in fully force and virtue. 

Approved and accepted by: 

G. H.,) A. B. (Seal.) 

I. J., [Irustees. CD. (Seal.) 

K. L.,J E. F. (Seal.) 

1. It is not essential to the validity of the bond that it should be literally 
in compliance with the statute. The statute is directory, and if the bond is 
substantially as required, there is no valid objection. Irustees of Schools v. 
Bodgers, 7A-33. 

2. The consolidated act of 1872 did not terminate the oflScial term of the 
school treasurer by creating a new corporation to take the place of that by 
which he was appointed. The time of holding the election and term of trus- 
tees were not changed by that act, but they were continued as they were by 
the prior law, thus showing that the new corporation, if such it may be called, 
was only to be substituted for the prior one when its members had to be 
changed by reason of the expiration of their respective terms. Ladd v. Board 
of Irustees, 90-233. 

3. If an officer succeeds himself, the second bond is liable for what he had 
in his hands at the end of his first term. The accidental circumstance that 
he succeeds himself does not extend the obligation of the first bond. He is 
presumed to have the money on hand when the second bond is executed. 
The obligation of a bond itself is satisfied by payment to successor and faith- 
ful performance of the duties of the office. Irustees of Schools v. Arnold, 
58A-103. 

4. Where a treasurer is elected by the board of education of a district ex- 
isting by virtue of a special charter, and a bond is executed by the treasurer- 
elect and delivered to the clerk of said board for approval, it becomes obliga- 
tory unless subsequently disapproved. It is also held, that if the clerk is not 
satisfied with the sureties, he should disapprove the bond, so that the officer 
may find other sureties. If this is not done the bond becomes obligatory to 
secure the rights of the public, and the bond is binding on such parties from 
the moment it is delivered to the clerk. Bartlett v. Board of Education, 
59-364. 

5. It has been generally held , that where a party signs a bond in blank, and 
the obligee fills it, or knows that it has been filled without the assent of the 
obligor, the instrument is void and cannot be enforced. But where a treasur- 
er's bond is written by himself, with blanks for the names of his sureties and 
the amount of the penalty, and after such sureties have signed the bond the 
amount of the penalty is subsequently filled in by the treasurer and delivered 
and accepted by him, without notice of any change by filling the blanks, it 
may be inferred that the sureties authorized the change, and the instrument 
will be binding. Ibid. In this connection see Smith v. Board of Supervis- 
ors, 59-412. 

6. It is held that when a delinquent treasurer goes out of office and retains 
moneys which he received by virtue of his office, and refuses to pay the same 
to his successor in office, that a right of action is created thereby in favor of 
the board of trustees, and against the delinquent and his sureties on his offi- 
cial bond, whether an apportionment or division of the fund has been struck 
or not among the various districts of the township. And when an apportion- 
ment has been made to the several districts, it is not neceasary that the 
board should sue to the use of the districts. The money recovered would be 
held in trust for the districts entitled to the same, according to the apportion- 
ment. Irustees of Schools V. Stokes, 3A-267. 

7. The township treasurer is appointed by the board of trustees of schools. 
The statute does not require such treasurer to take an oath of office. School 
Directors v, Ihe People, 79-511. 



53 

8. When a defaulting treasurer misappropriates funds that come to him in 
his official capacity during his term of office, then his securities for a suc- 
ceeding term of office are under no legal obligation to make good such defal- 
cation. Potter V. Board oj Irustees, llA-280. 

9. The township treasurer is, by statute, the only lawful depository and 
custodian of all district school funds, and they are to be paid out only on the 
order of the school directors drawn on the township treasurer. The township 
treasure»r is, therefore, the proper officer to make demand for such school 
funds of any one holding the same unlawfully. School Directors v. Ihe Peo- 
ple, 79 511. 

10. The duties of school directors are derived exclusively from the statute, 
are specifically defined, and if they exercise powers and functions not con- 
ferred upon them, the statute has made them responsible for all losses that 
may ensue. They may borrow money for enumerated purposes, on terms 
prescribed, and, when obtained, it is their duty to pay it over to the treasurer, 
who is the only proper custodian. Should they place it in the hands of any 
one else, it is at their own risk. Adams v. State oj Illinois, 82-132. 

11. A township treasurer, by virtue of the statute, is an insurer of the 
funds coming into his possession, and, to exonerate himself u^jon his bond, 
he must show that he has paid out or disposed of the funds in his hands in 
pursuance of law, or that he has been prevented from so doing by the act of 
God or the public enemy. Ihompson v. Irustees of Schools, 30-99; Irustees of 
Schools V. Smith, 88-181; Swift \. Irustees of ScJiools, 189 5Si; HumistonY. 
Irustees of ScJwols, 7A-122; Scheik v. Irustees of Schools, 24A-369. 

12. The law is well settled by numerous decisions of the Supreme Court 
of this State that where the identity of a trust fund is lost by reason of its 
having been mingled with other funds, that as against general creditors, the 
owners of the fund have no priority. School Irustees v. Kirwin, 25-73; Zer- 
wick V. Weir, 81A-181. 

13. Where a treasurer is appointed at the expiration of the term of his 
predecessor, or is reappointed, his own time having expired, and the bond 
executed is in form as required by the statute, his sureties are liable for his 
official acts and doings, for the full term of the bond, notwithstanding any 
representations the principal may have made to such sureties, as to the term 
or purpose of such instrument. Ladd v. Board of Irustees, 90-233. 

14. When a township treasurer makes entries in his books, or in a report 
which the law requires him to make, both he and the sureties on his bond 
are estopped to deny the correctness of such entries, in a suit on the official 
bond of such officer. Longan v. laylor, 130-412. 

15. One accepting the office of township treasurer takes upon himself the 
duty of safely keeping the moneys of the township which come into his 
hands, and of disbursing them pursuant to law, and he and his sureties can- 
not be excused from making good a deficiency resulting from the failure of 
the bank where the funds were deposited, although he supposed the bank to 
be solvent. Swift v. Irustees of Schools, 189-584; Swift v. Irustees of 
Schools, 91A-221, affirmed. 

16. If, in an action on a township treasurer's bond, an admission by the 
treasurer as to the fact and the amount of the deficiency is proved, it is not 
prejudicial error to permit his successor in office, without producing the 
books, to testify that the books showed that the treasurer had received such 
amount, but had failed to turn it over. Ibid. 

17. In a suit on a township treasurer's bond, an admission by him that he 
owed the township a certain amount is evidence of the fact, not only against 
himself, but against his co-obligors. Ibid. 

§ 2. Every township treasurer shall provide himself with two 
well bound books, one to be called a cash book, the other a loan 
book. He shall charge himself in the cash book with all moneys 
received, stating the charge, when, from whom, and on what account 



5i 



received, and credit himself with all moneys paid or loaned, stating 
the amount loaned, the date of the loan, the rate of interest, the time 
when payable, the name of the securities; or, if real estate to be 
taken, a description of it. 

He shall also enter, in separate accounts, moneys received and 
moneys paid out, charging the first to debit account, and crediting 

First — The principal of the township fund, when paid in and 
when paid out. 

Second — The interest of the township fund, when received and 
when paid out. 

Third — The common school fund and other funds, when received 
from the county superintendent and when paid out. 

Fourth — The taxes received from the county or town collector, for 
what district received, and when and what purpose paid out. 

Fifth — Donations received. 

Sixth — Moneys coming from all other sources; and in all cases 
entering the date when received, and when paid out. And he shall 
also arrange and keep his books and accounts in such other manner 
as may be directed by the State or county superintendent or the 
board of trustees. He shall also provide a book, to be called a jour- 
nal, in which he shall record, fully and at length, the acts and pro- 
ceedings of the board, their orders, by-laws and resolutions. And 
he shall also provide a book, to be called a record, in which he shall 
enter a brief description of all notes or bonds belonging to the town- 
ship, and upon the opposite page he shall note down when paid, or 
any remarks to show where or in what condition it is, as in the fol- 
lowing form, viz.! 



Maker's Name. 


Date of Note.- 


When Due. 


Amount. 


Remarks. 


A. B.. C. D.. E. F. 


January 1, 18 


January 1, 18 


$90 00 


January 6. 18 handed 

to I. J., for collection, or 
January 6. 18 — paid. 



All the books and accounts of the treasurer shall at all times be 
subject to inspection of the trustees, directors or other persons 
authorized by this act, or by any committee appointed by the voters 
of the township, at the annual election of trustees, to examine the 
same. 

1. A township treasurer should keep his books so as to show the exact 
condition of his accounts, and he has no right, in case of his defalcation, to 
require the township trustees to ascertain the amount due, and insist that 
they be bound by the amount they agreed to accept, in the belief that it was 
correct, but which was afterward found to be too small, owing to misrepre- 
sentations by the treasurer as to certain credits claimed by him and allowed 
by the expert employed by the parties interested, including the trustees, on 
the faith of such representations. Whitlow v. Irustees of Schools, 191-457; 
Whitlow V. Irustees of Schools, 93A-664 affirmed. 



55 

§ 3. Township treasurers shall loan, upon the following condi- 
tions, all moneys which shall come into their hands by virtue of their 
oflSce, except such as may be subject to distribution. The rate of 
interest shall not be less than five per cent nor more than seven per 
cent per annum, payable annually, the rate of interest to be deter- 
mined by a majority of the township trustees at any regular or special 
meeting of their board. No loan shall be made for less than six 
months, nor more than five years. For all sums not exceeding $200 
loaned for not more than one year, two responsible sureties shall be 
given; for all sums over $200, and for all loans for more than one 
year, security shall be given by mortgage on real estate unincum- 
bered, in value 40 per cent more than the amount loaned, with a 
condition that in case additional security shall be at any time re- 
quired, the Sctme shall be given to the satisfaction of the board of 
trustees for the time being: Provided, that nothing herein shall 
prevent the loaning of township funds to boards of school directors, 
taking bonds therefor, as provided in section 1, article 9, of this 
act. (As amended by an act approved April 24, 1899.) 

1. The duty of township treasurers as to the kind and amount of security 
to be by them taken upon the loan of money in their hands, is clearly defined 
hy this section. Board oj Irustees v. Baker, 24A-231. 

2. A plea that admits the allegation in a declaration that the defendant, 
in violation of this section, as treasurer, did make the alleged loan, and failed 
to take a mortgage on real estate equal to the amount required by law, and 
seeks to avoid liability for such neglect of duty by averring that he acted in 
pursuance of the directions of the board of education of the district to which 
the funds belong, constitutes no defence. Ibid. Board of Irustees v. Baker, 
34A-620. 

3. Where there are two or more sureties on a note, and the statute pro- 
vides for a discharge from liability, by reason of notice to collect, and failure 
of payee to sue within a reasonable time, a notice to sue, given by one surety 
on his own behalf, will not operate to discharge another surety who gives or 
joins in no notice. Irustees of Schools v. Southard, 31A-359. 

4. The treasurer is appointed by the board of trustees, and it is made his 
duty to lend school moneys, to collect, to safely keep funds, and discharge 
other duties prescribed by the statute. While an officer appointed by the 
board of trustees, his duties are prescribed by the statute and no power can 
authorize him to neglect or violate those duties. There is a certain super- 
visory control exercised by the board of trustees in pursuance of the statute. 
The treasurer must account semi-annually to the trustees, and lay before 
them all books, notes, bonds, mortgages and all other evidences of indebted- 
ness belonging to the township. Ibid. 

5. The legislature may, from time to time, direct in what rnanner the 
school funds shall be loaned, upon what security, at what rate of interest, in 
what currency they shall be received, and by whom they shall be applied. 
Bush v. Shipman, 4 Scammon-186; Keyes v. Jasper, 4 Seammon-305. 

6. It is the duty of the township treasurer under this section, when he 
lends money for a longer time than one year, to secure the loan by a mort- 
gage on real estate, which, at a fair and reasonable cash value, is worth 
forty joer centum more than the amount lent, and he must resort to all access- 
able means of information to satisfy himself that the title to the land is in 
the mortgagor and is unencumbered. The title must be such that a prudent 
and careful man would not hesitate to invest his money in it. If the treas- 
urer neglects to do this, then the loan is not authorized by law, and he is, in 
legal contemplation, guilty of violating official duty. If he violated the law 
in lending the money, and thus incurs liability, it is for the illegal loan, and 



56 

necessarily the liability accrues as soon as the illegal act is done. People v. 
Haines, 5 Gilman-528. In this connexion see Board of Irustees v. Misen- 
heimer, 78-22. 

7. Where money belonging to one district is paid to another, the school 
directors of the latter could not refuse to receive the money thus ordered by 
the trustees to be paid to them; by receiving it, they did not become liable 
to an action by another district claiming it. If the district to which the 
money should have been paid has any action, it must be against the trustees 
of the township. School Directors v. School Directors, 36-140; School Direc- 
tors V. School Directors, 105-653. 

8. If at the time a loan is made the treasurer acts in good faith, and with 
due caution and circumspection, and acting on his own judgment believes 
that the mortgaged premises are worth forty per centum more than the loan, 
he will not be liable. This rule and doctrine fiuds support in decisions of the 
supreme court, in cases similar to this, wherein the duties of officers in tak- 
ing security is fully explained and defined, and also the acts and omissions of 
the officer with respect thereto, which create liability upon his official bond. 
Board oj Irustees v. Baker, 34A-620. 

9. The provision of the statute fixing the amount of the security is com- 
plied with by the officer lending the money, if, acting on his own judgment 
and information, and in good faith, he lends the money, believing at the 
time, the land mortgaged is worth forty per centum more than the amount of 
the loan. But the condition is added, that he must act with due caution and 
circumspection and must avail himself of sources of information accessible to 
him to aid in arriving at a correct estimate of the value of the land offered as 
security. Ibid. 

10. Where a township treasurer lends a larger sum than that prescribed 
by this section, and takes a promissory note therefor, such excess does not 
render the note void. The obvious intent of the statute is to protect the 
school funds and the interest of the public therein. It must, therefore, be 
construed with that intent in view. Edwards v. Irustees oj Schools, 30A-528. 

11. The school fund, while in the hands of the township treasurer, is a 
public trust fund, and as long as he holds the money it remains a trust fund, 
but when he pays it out to a board of directors, on its orders, it is not a trust 
fund in the treasurer's hands which would exclude the operation of the statute 
of limitations. School Directors v. School Directors, 105-653. 

§ 4. Notes, bonds, mortgages and other securities taken for money 
or other property due, or to become due, to the board of trustees for 
the township, shall be payable to the said board by their corporate 
name; and in such name, suits, actions and complaints, and every 
description of legal proceedings may be had for the recovery of 
money, the breach of contracts and for every legal liability which 
may at any time arise or exist, or upon which a right of action shall 
accrue to the use of such corporation. Provided, however, that notes, 
bonds, mortgages and other securities in which the name of the 
county superintendent, or the trustees of schools are inserted, shall 
be valid to all intents and purposes, and suit shall be brought in the 
name of the board of trustees as aforesaid. The wife of the mort- 
gagor (if he is married) shall join in the mortgage given to secure 
the payment of money loaned by virtue of the provisions of this act. 

§ 5. Whenever there is a surplus of funds in the treasurer's hands 
belonging to any school district, the treasurer may loan the same for 
the use and benefit of such district, upon the written request of the 
directors of said district and not otherwise; and all such loans shall 
be on the same conditions as are prescribed in this article for the 
loaning of township funds. 



57 

1. The statute clearly and explieitly imposes upon the treasurer the duty 
of making loans of such fund, upon request of the directors, and commands 
him to take a certain kind and amount of security. He cannot relieve him- 
self of liability for a neglect of that duty by following the directions of a 
body of officers having no authority to give such directions. Board oj Direc- 
tors V. Baker, 24A-231. 

§ 6. The township treasurer shall, on or before the 80th day of 
June, annually, prepare and deliver to the county superintendent of 
his county, a statement, verified by his affidavit, showing the exact 
condition of the township funds. Said statement shall contain a 
description of the securities, bonds, mortgages and notes belonging 
to the township, giving names of securities, dates, amounts of loans, 
rate of interest, when due, and all data by which a full understand- 
ing of the condition of the funds may be obtained. The county 
superintendent shall preserve such statement for the use of the 
township. 

§ 7. Mortgages to secure the payment of money loaned under the 
provisions of this act, may be in the following form, viz: 

I, A. B., of the county of and State of ....do 

hereby grant, convey and transfer to the trustees of schools of township.... 

, range in the county of and State of Illinois, 

for the use of the inhabitants of said township, the following described real 
estate, to- wit: (Here insert premises), which real estate I declare to be in 

mortgage for the payment of dollars loaned to me and 

for the payment of all interest that may accrue thereon to be computed at the 

rate of per cent per annum until paid. And I do hereby 

covenant to pay the above sum of money in years from the 

date hereof, and to pay the interest on the same annually, at the rate afore- 
said. I further covenant that I have a good and valid title to said estate, and 
that the same is free from all incumbrance, and that I will pay all taxes and 
assessments which may be levied on said estate, and that I will give any ad- 
ditional security that may at«,nj' time be required in writing by the board of 
trustees; and if said estate be sold to pay said debt, or any part thereof, or 
for any failure or refusal to comply with or perform the conditions or cove- 
nants herein contained, I will deliver immediate possession of the premises. 
And it is further agreed by and between the parties, in case a bill is filed in 
any court to foreclose this mortgage for non payment of either principal or 
interest, that the mortgagor will pay a reasonable solicitor's fee, and the 
same shall be included in the decree and be taxed as cost; and we, A. B., 
and C , wife of A. B., hereby release all right to the said premises which we 
may have by virtue of any homestead laws of this State, and in considera- 
tion of the premises, C, wife of A. B., doth hereby release to said board all 
her right and title of dower in the aforegranted premises for the purpose 
aforesaid. 



In testimony whereof, we have hereby set our hands and seals this. 
day of 18.... 



Which mortgage shall be acknowledged and recorded as is required 
by law for other conveyances of real estate; the mortgagor paying the 
expenses of acknowledment and recording. 

On payment of any school mortgage in full, it shall be the duty of 
the trustees of schools to give a deed of release of such mortgage or 
to enter satisfaction thereof upon the record, such deed of release or 
satisfaction to be executed by the township treasurer. 

§ 8. Upon the breach of any condition or stipulation contained 
in said mortgage, an action may be maintained and damages recov- 



58 

ered as upon other covenants; but mortgages made in any other form 
to secured payment, as aforesaid, shall be valid as if no form had been 
prescribed. In estimating the value of real estate mortgaged to se- 
cure the payment of money loaned under the provisions of this law, 
the value of improvements liable to be destroyed may be included; 
but in any such case said improvement shall be insured for the in- 
surable value thereof in some safe and responsible insurance company 
or companies, and the policy or policies of insurance shall be trans- 
ferable to the board of trustees as additional security for any loan, 
and shall be kept so insured until the loan is paid. 

1. Where lands are first offered by the Master in separate parcels, and 
there being no bidders, the lands may then be sold en masse. Van ValJcenberg 
V. Irustees of Schools, 66-103. 

§ 9. In all cases where the board of trustees shall require addi- 
tional security for the payment of money loaned, and such security 
shall not be given, the township treasurer shall cause suit to be in- 
stituted for the recovery of the same, and all interest thereon to the 
date of judgment. Provided, That the proof be made of the said 
requisition. 

1. The provisions of this section enter into every contract of loans made 
under the statute, and constitute, so far as applicable, as much a part of the 
mortgage as if expressly incorporated into it. It is apparent Ithat the in- 
tention of section 9 is to make the orignal debt become due, for all the pur- 
poses of any remedy for its collection, immediately upon failure to comply 
with the requirement to give additional security. The authority to require 
such additional security is given by statute. When requisition for additional 
security is made and not complied with, a bill wjll lie to foreclose such mort- 
gage. Board of Irustees v. Davidson, 65-124. 

§ 10. In the payment of debts by executors and administrators, 
those due the common school or township fund shall have a prefer- 
ence over all other debts, except funeral expenses, the widow's award, 
and the expenses attending the last sickness, not including the phy- 
sician's bill. And it shall be the duty of the township treasurer to 
attend at the office of the probate judge upon the proper day, as 
other creditors, and have any debts, as aforesaid, probated and 
classed, to be paid as aforesaid. 

1. When the maker of a note payable to the order of the township treas- 
urer dies, it is the duty of such officer to present such note on the day ap- 
pointed by the administrator for the adjustment of claims and have it allowed 
against his estate. McEaney v. Irustees of Schools, 68-140. 

2, Where there is no evidence in the records to show that there has been 
any loss to the trustees on account of the treasurer failing to have the note 
probated, the trustees are entitled to recover only nominal damages. Ibid. 
In this connexion see House v. Irustees of Schools, 83-368; Curry v. Mack, 
90-606. 

§ 11. If default be made in the payment of interest due upon 
money loaned by any county superintendent or township treasurer, 
or in the payment of the principal, interest at the rate of twelve per 
cent per annum shall be charged upon the principal and interest 
from the day of default, which interest shall be included in the as- 
sessment of damages; or in the judgment in the suit or action 



59 

brought upon the obligation to enforce payment thereof, and interest 
as aforesaid may be recovered in action brought to recover interest 
only. The said township treasurer is hereby empowered to bring ap- 
propriate actions in the name of the board of trustees, for the recoT- 
ery of the yearly interest, when due and unpaid, without suing for 
the principal, in whatever form secured; and justices of the peace 
shall have jurisdiction of such cases of all sums not exceeding two 
hundred dollars. 

1. The interest charged at the rate of twelve per centum per annum, for 
not paying school money borrowed, when due, is in the nature of a penalty, 
and cannot be recovered upon a declaration in the ordinary form, upon the 
note, but a special averment should be inserted, claiming the penalty. Ham- 
ilton V. Wright, 1 Scammon-582; Irustees of Schools V. Bibb, 14-317; Sexton 
V, School Commissioner, 19-51. 

2. This penalty is not assignable. It is given by the statute for wrong- 
fully withholding money due the school fund, and is not a part of the con- 
tract contained in the bond or mortgage given to secure the money loaned. 
It cannot be recovered upon an ordinary declaration counting upon the con- 
tract, but a special count is required, claiming the penalty as given by the 
statute. Bradley v. Snyder, 14-263. 

§ 12. All suits brought or actions instituted under the provisions 
of this act, may be brought in the name of the trustees of schools of 

township No range No except as provided for qui tarn 

actions, or actions in favor of county superintendents. 

§ 13. The said township treasurer shall demand, receive and 
safely keep, according to law, all moneys, books and papers of every 
description belonging to his township. He shall keep the township 
funds loaned at interest; and if, on the first Monday in October, in 
any year, there shall be any interest or other funds on hand which 
shall not be required for distribution, such amount not required as 
aforesaid, may, if the board of trustees sees proper, forever be con- 
sidered as principal in the funds to which it belongs, and loaned as 
Buch. 

1. All moneys that come into the hands of the treasurer, as such, must 
necessarily be and remain there, in contemplation of law and in the real 
sense of the bond, as to the obligee, and for all purposes, until they are ac- 
counted for by some act or fact which legally discharges him from liability 
for them. Where they have thus come during a former term, and have not 
been so accounted for, they must have come thence into his hands as treas- 
urer for the one succeeding. Irustees of Schools v. Peak, 43A-50. 

§ 14. On the first Mondays in April and October of every year, 
the township treasurer shall lay before the board of trustees a state- 
ment showing the amount of interest, rents, issues and profits that 
have accrued or become due since their last regular half yearly meet- 
ing, on the township lands and township funds, and also the amount 
of State and county fund interest on hand. He shall also lay before 
the said trustees all books, notes, bonds, mortgages and all other evi- 
dences of indebtedness belonging to the township, for the examina- 
tion of the trustees; and shall make such other statement as the board 
may require, touching the duties of his otfic9. 



60 

§ 15. The said township treasurer shall make out annually, and 
present to the board of trustees, at their meeting succeeding the an- 
nual election, a complete exhibit of the fiscal affairs of the township, 
and of the several districts or parts of districts in the township, 
showing the receipts of money, and the sources from which they 
have been derived, and the deficit and delinquencies, if there be any, 
and the cause, as well as a classified statement of moneys paid out, 
and the amount of obligations remaining unpaid. 

§ 16, The township treasurer shall, within two days after the first 
Monday of April, and on July 15th in each year, make out for each 
district or part of district in the township, a statement or exhibit of 
the exact condition of the account of such district or part of district, 
as shown by hiS' books on April 1 and June BO of each year; which 
statement or exhibit shall show the balance at the time of making 
the last exhibit, and the amount received since, up to the time of 
making the exhibit, and when and from what source received; and it 
shall also show the amount paid out during the same time, to whom 
paid, and for what purpose, and shall be balanced, and the balance 
snown, It shall be the duty of said treasurer to comply with any 
lawful demand the said trustees may make as to the verification of 
any balance reported by said treasurer to be on hand. The exhibit 
shall be subscribed and sworn to by the treasurer before any officer 
authorized to administer an oath, and shall then, by the treasurer, 
be, without delay, delivered or transmitted by mail to the clerk of 
the board of directors of the proper district. It shall be the duty of 
the said clerk, upon receiving such exhibit, to enter the same upon 
the records of the district, and, at the next annual election of direc- 
tors thereafter, to cause a copy thereof to be posted up at the front 
door of the building where such election is held. 

§ 17. For a failure on the part of the treasu^-er, clerk of any board 
of directors, or any director, to comply with any of the requirements 
of the preceding sections of this article, he shall be liable to a penalty 
of not less than $5 nor more than $50, to be recovered before any 
justice of the peace of the county in which the offense is committed. 

§ 18. When any order drawn for the payment of a teacher, is 
presented to the township treasurer for payment, and is not paid for 
want of funds, the said treasurer shall make a written statement over 
his signature by an endorsement on such order, with date, showing 
such presentation and non-payment, and shall make and keep a 
record of such endorsement. Such order shall thereafter draw in- 
terest at the rate of seven per cent per annum until paid, or until the 
treasurer shall, in writing, notify the clerk of the board of directors 
that he has funds to pay such order, and of said notice, the said 
treasurer shall make and keep a record; after giving said notice, he 
shall hold the funds necessary to pay such order until it is presented 
for payment, and such order shall draw no interest after the giving 
of said notice to said clerk of the board. (As amended by an act ap- 
proved April 24, 1899.) 



61 

§. 19. In addition to the foregoing requirements, it shall be the 
duty of the said township treasurer — 

First — To return to the county clerk of his county, on or before 
the second Monday of August in each year, the certificate of tax levy 
made by each board of school directors in his township. 

1. Under the school law of 1849 it was essential to the validity of a school 
tax, that it be certified to the county clerk by the time designated. Cowqill 
V. Long, 15-202. 

Second — To pay, whenever he has funds in his hands belonging to 
the district, all lawful orders drawn on him by the board of directors 
of any school district in his township. 

Third — To collect, from the collector of taxes of the township and 
the county collector of taxes, the full amount of the tax levies made 
by the several boards of directors in his township. 

Fourth — To examine the official record of each school district in 
the township on the first Mondays in April and October of each 
year. 

Fifth — To keep a correct account between the districts where pu- 
pils are transferred by the directors from one district to another. 

Sixth — To give, upon the order of the trustees of schools, notice 
of the election of trustees, as required by law. 

Seventh— To give, in case of the formation of a new school district, 
notice of the election of a board of school directors. 

Eighth — To cause to be published, in some newspaper published 
in his county an annual statement of the finances of the township as 
required by law. 

Ninth — To make, whenever a change has been made in the bounda- 
ries of a school district, a complete copy of the records of the trus- 
tees, a map of the township showing such change of boundaries, and 
an accurate list of the taxpayers in the newly arranged districts, and 
tile the same with the county clerk within twenty days of the time 
such change was made. 

Tenth — To file and safely keep all poll-books and returns of elec- 
tion which may be delivered to him under any provisions of this act. 

Eleventh — To receive and safely keep all moneys, securities, papers, 
and effects belonging to the township or the school districts which, 
by law, are required to be deposited with such treasurer. 

§ 20. For any failure or refusal to perform all the duties required 
of the township treasurer by law, he shall be liable to the board of 
trustees, upon his official bond, for all damages sustained, to be re- 
covered by action of debt by said board, in their corporate name, for 
the use of the proper township, before any court having jurisdiction 
of the amount of damages claimed; but if such treasurer, in any 
such failure or refusal, acted under and in conformity to a requisi- 
tion or order of said board, or a majority of them, entered upon their 
journal and subscribed by their president and clerk, then, and in that 
case, the members of the board aforesaid, or those of them voting 



62 

for such requisition, or order aforesaid, and not the treasurer, shall 
be liable, jointly and severally, to the inhabitants of the township 
for such damages, to be recovered by an action of assumsit in the 
official name of the county superintendents [superintendent] of 
schools, for the use of the proper townships: Promded, that said 
township treasurer shall be liable for any part of the judgment 
obtained against said trustees which can not be collected on account 
of the insolvency of such trustees. 

1. The trustees become liable when a wrongful act or neglect of duty by 
the treasurer is required by an order of the board, entered upon their journal 
and signed by the president and clerk. Lovington v. Board of Irustees, 
99 564. In this connexion see Irustees V. BaJcer, 24A-231; Irustees V. Misen- 
heimer, 78-22. 

§ 21. Whenever a township treasurer shall resign or be removed, 
and at the expiration of his term of office, he shall pay over to his 
successor in office, all money on hand, and deliver over all books, 
notes, bonds, mortgages and all other securities for money, and all 
papers and documents, of every description, in which the corporation 
has any lawful interest whatever; and, in case of the death of the 
township treasurer, his securities and legal representatives shall be 
bound to comply with the requisitions of this section, so far as the 
said securities and legal representatives may have the power so to do; 
and, for failure to comply with the requisitions of this section, the 
persons neglecting or refusing shall be liable to a penalty of not less 
than ten (10) dollars nor more than one hundred (100) dollars, at 
the discretion of the court before which judgment may be obtained, 
to be recovered in an action of debt, in the name of the trustees of 
schools, before any justice of the peace, for the benefit of the school 
fund of such township: Provided, that the obtaining or payment 
of such judgment shall in no wise discharge or diminish the obliga- 
tion of the persons signing the official bond of such township treas- 
urer. 

1. The law requires the treasurer to faithfully discharge the duties of his 
office. His sureties are bound by his official acts, and by the knowledge he 
possesses. He is bound by every legal, as well as moral, principle to be truth- 
ful and honest. Where he has been credited upon his cash book for money 
he had never paid, bis sureties will be bound by such knowledge in making a 
final settlement. Whitlow v. Irustees of Schools, 93 A- 664. 

§ 22. The township treasurers shall receive in full, for all serv- 
ices rendered by them, a compensation to be fixed, prior to their 
election, by the board of trustees. 

1. This section, in express terms, prohibits any extra pay for the perform- 
ance of any duty imposed by the statute. Lovington v. Board of Irustees, 
99-564. 

2. Where a school treasurer is permitted to retain two per centum of all 
moneys paid out, this means for the current year. A treasurer cannot con- 
tinue from year to year to pay out all the revenues in his hands, including 
his own commission, whether as a gratuity or from ignorance of his 
rights in the premises, and then on becoming better informed as to his 
rights, break in on the revenue raised for the support of the public schools 
of the current year for back salary, or commissions. Bunn v. Ihe People, 
32A410. 



63 
Article V. 

BOARD OF DIRECTORS. 

Section 1. In all school districts having a population of less 
than one thousand inhabitants, and not governed by any special act 
in relation to free schools now in force, there shall be elected in the 
manner hereinafter provided for, a board of directors to consist of 
three members. (As amended by an act approved June 1, 1889.) 

§ 2. The directors of each district are hereby declared a body 
politic and corporate, by the name of "school directors of District 

No township No range county of 

and State of Illinois," and by that name may sue and 

be sued in all courts and places whatever. 

1. The board of school directors, though a corporation, are possessed of 
certain specially defined powers, and can exercise no others, except such as 
result, by fair implication, from the powers granted. Olidden v. Hopkins, 
47-525; Wells v. Ihe People, 71-532; Peers v. Board of Education, 72-508; 
School Directors v. Fogleman, 76-189. 

2. The duties of school directors are derived exclusively from the statute, 
are specifically defined, and if they exercise powers and functions not con- 
ferred upon them, the statute has made them responsible for all losses that 
may ensue. Adams v. State oj Illinois, 82-132; Sharp v. Smith, 32A-336. 

3. Directors can exercise only such powers as may be given by law, and 
such as result from fair implication from such powers, and if they exceed 
such powers and do an act expressly prohibited by law, their action is void. 
It cannot be made valid even by ratification, much less by estoppel. Wells 
V. Ihe People, 71-532; such a contract is a nullity. Stanhope v. School Direc- 
tors, 42A-570. 

4. To say that directors are estopped is to say that a public corporation 
created by law, having no power except what is given by law, may not only 
exceed the powers given, but may do acts expressly forbidden to be done, 
and yet the prohibited and illegal and void act may become binding and law- 
ful by the operation of the principles of estoppel and thereby powers ex- 
pressly denied may be lawfully exercised. Such is not the law. Ibid. 

5. The statute prescribes the duties, and defines and limits the powers of 
a board of school directors, in terms clear and explicit, and that body can 
exercise no other powers than those expressly granted, or such as may be 
necessary to carry into effect a granted power. School Directors v. Wright, 
43A-270. 

6. The powers of school directors are limited to those expressly granted, 
or such as result by necessary implication from those granted. Stevenson 
V. School Directors, 87-255, 

7. Any one seeking to recover money from public funds under the school 
law, must, by the necessary averments, bring their case within its provisions. 
Suit should not be brought against school directors in their individual, but 
their corporate name. The only mode for enforcing judgement is provided 
by section 9, article 16 of the school law. An order for a general execution 
is erroneous. Botkin v. Osborne, 39-101. 

8. The persons assuming to act as directors of a district are the only par- 
ties that need to be brought before the court to test the validity of the organ- 
ization of the district. Chessire v. Ihe People, 11-493. 

9. The acts of officers de facto are as valid and effectual where they concern 
the public or the rights of third persons, as though they were officers de jicre. 
School Directors v. Jingle]/, 73A-471. 



64 

10. Where there is but one ofl&ce, there can not be an officer de jure and an 
officer de facto, both in possession of the office at the same time. Where 
one rightfully entitle to the office, is discharging its functions and actually 
in possession, the acts of another obtruding himself into the office are void. 
School Directors V. National School Furniture Co., 53A-254. 

11. The directors of school districts are by statute declare to be bodies 
politic and corporate. They are invested with corporate powers for a few 
specific purposes. Where there is a school district de facto, and school 
directors elected for it, and they proceed to build a school house, and a tax is 
levied for the purpose of paying for the school house, such school directors 
are officers de facto by color of election, and are exercising an office to which 
the power to levy a tax is incident. Irumbo v. Ihe People, 75-561. 

12. Where a school district is formed in violation of stautory provisions, 
the legality of the formation of such district can not be inquired into in a 
collateral proceeding. The only mode in which the illegality can be taken 
advantage of, is by information in the nature of a quo warranto. Ibid: People 
v. Newberry, 87-41. In this connection see Miller Y. Irustees of Schools, 88-26. 

13. It is a well settle principle that the acts of officers de facto are as valid 
and effectual, when they concern the public, or the rights of third persons, 
as though they were officers de jure, and that the title to an office can not be 
decided in a collateral suit, but it must be a direct proceeding. Ibid 

14. When the legality, or, rather, the existence, of a school district is in- 
tended to be questioned, it must be done by direct proceeding in the nature 
of a quo warranto or scire facias. People V. Trustees of Schools, 111-171. 

15. School directors have no power to make contracts for the employment 
of teachers for terms to commence beyond the expiration of the current 
school year. There is no objection to contracts for the teaching of terms ex- 
tending for a reasonable time beyond the current school year, when such con- 
tracts are entered into in good faith, and not for the purpose, merely, of forcing 
upon the district an unsatisfactory teacher or defeating the will of the voters 
at the annual election. Stevenson v. School Directors, 87-255. 

16. The presumption in regard to school, as well as all other public officers, 
when assailed collaterally, is, that they are lawful until the contrary is 
clearly established; and a court can indulge in no presumption of irregularity 
except where it is expressly agreed to exist. People v. Newberry, 87-41. 

17. One board of school directors has no power, under our school law to 
make contracts wholly to be carried out in the future, to divest future boards 
of the power to select the teachers they shall desire, for the terms to be com- 
menced after their organization. School Directors v. Ann Hart, 4A-224. 

18. A board of directors cannot maintain a suit to compel a deed for a 
school house site. Such suit can be brought only in the name of the school 
trustees, who, as a quasi corporation, have the entire control of such matters. 
The school directors, as such, cannot interfere and have no such interest in 
the subject. A suit for such purpose could only be maintained in the name 
of the trustees of schools, or in the name of some tax-payer or other person 
having a pecuniary interest in the matter, by showing tbat the trustees re- 
fused to perform their duty. The law invests the school directors with no 
such interest. Wilson v. School Directors, 81-180. 

19. It is unnecessary in a declaration against a quasi corporation of lim- 
ited powers, such as the school directors of a district, that the cause of action 
must be specifically set out, so that the court may see affirmatively that the 
liabity sued on is one authorized by the statute. It would seem that if there 
be any ease embraced in the common counts, for which the defendants under 
any circumstances could become liable, the allegation contained in the com- 
mon counts must be held to embrace everything in detail necessary to sus- 
tain the act. Folsom v. School Directors, 91-402. 

20. It is a fundamental principle, that a general enactment does not ope- 
rate as a repeal of a special law on the same subject, even though enacted at 
the same session. So a subsequent statute, which is general, does not abro- 
gate a former statute which is particular. ***** When two acts are 
seemingly repugnant, they should, if possible, be so construed that the latter 



65 

may not operate as a repeal of the former by implication. ***** a. 
school district should not be required to give bond on appeal from a justice's 
judgment. Kelly v. School Directors, 66A-134. 

21. In a proceeding by information in the nature of a quo warranto where 
school directors are called on to show by what warrant they exercise the func- 
tions of their office, they are bound to exhibit good authority for acting as 
such officers. It is not enough to allege generally that they were duly elected 
to office; it is necessary to state particularly how they were elected, and how 
the school district, of which they claim to be directors, has been formed. 
They should show on the face of their plea, that they have a valid title to 
their office. The people are not bound to show anything. Carrico v. 27ie 
People, 123-198. 

22. Under our form of government all power emanates from the people. 
The right to inquire into the authority by which any person assumes to exer- 
cise the functions of a school office, belongs to the people as a part of their 
sovereignty. In the quo warranto proceeding the people are the plaintiffs, 
whether upon the relations of a third person, or not. The rule that, where a 
new right and a remedy for its invasion are conferred by the same statute, 
parties injured are confined to the statutory redress, does not apply to the 
people. Snowball v. Ihe People, 147-260. 

23. Because the statute provides a mode of contesting elections in the 
county court, it does not follow that the people, in their sovereign capacity, 
are thereby precluded from inquiring by information in the nature of a quo 
warranto into usurpations of office. The two remedies are distinct, the one 
belonging to the elector in his individual capacity as a power granted, and 
the other to the people in the right of their sovereignty. Ibid. 

§ 3. Any person, male or female, married or single, of the age of 
21 years and upwards, who is a resident of the school district, and 
who is able to read and write in the English language, shall be eligi- 
ble to the office of school director: Provided, That no person shall 
be eligible to the office of school director who is at the time a mem- 
ber of the board of school trustees. 

§ 4. If any director shall, during the term of his office, remove 
from the district in which he was elected, his office shall thereby be- 
come vacant and a new director shall be elected, as in other cases of 
vacancy in office. 

§ 5. The annual election of school directors shall be on the third 
Saturday of April, when one director shall be elected in each district, 
who shall hold his office for three years, and until his successor is 
elected. 

1. A person cannot be legally elected to the office of school director for a 
district in Illinois by persons voting for him in some other state. The right 
of an elector to vote outside of the State for an office within the State, is not 
recognized by either our Constitution or statute. Both require that he shall 
have resided in the State one year, in the county 90 days, and in the district 
where he seeks to east his vote 30 days. School Directors v. National School 
Furniture Co., 53 A 254. 

§ 6. In new districts, the first election of directors may be on any 
Saturday, notice being given by the township treasurer, as for the 
election of trustees, when three directors shall be elected, who shaH, 
at their first meeting, draw lots for their respective terms of office, 
for one, two and three years. 

— 5 S. 



66 

§ 7. When vacancies occur, the remaining director or directors, 
shall, without delay, order an election to fill such vacancies, which 
election shall be held on Saturday. 

§ 8. Notice of all elections in organized districts shall be given 
by the directors at least ten days previous to the day of said election. 
Said notice shall be posted in at least three of the most public 
places in the district, and shall specify the place where such election 
is to be held, the time of opening and closing the polls, and the 
question or questions to be voted on. 

1. Where notice of an election specifies the object to be for the purpose 
of electini three directors, for selecting a school house site, jor a school house 
;for said district, it is held that it is sufficient, as there is no doubt of its mean- 
ing. Merritt v. Ferris, 22 303. 

2. The provisions of the statute as to the manner of conducting the details 
of an election are not mandatory, but directory, and irregularities in conduct- 
ing an election and counting the votes, not proceeding from any wrongful in- 
tent, and which derprive no legal voter of his vote and do not change the 
result, will not vitiate the election. Ackerman v. Haenck, 147-514. 

3. The registration law does not embrace school elections or elections other 
than those within its terms. Bloome v. Hograeff, 193-195. 

4. If a legal voter is challenged upon some ground which does not go to 
his qualification as a voter, such voter is entitled to vote without making an 
affidavit. Ibid. 

5. If there is no difficulty in determining for whom qualified voters at- 
tempted to vote and the proper result can be reached with certainty, such 
votes should be counted on contest, and the entire election is not to be set 
aside even though the ballots cast by such voters were not allowed to be 
deposited in the ballot box but were placed by themselves in another recep- 
tacle, and preserved, sealed up and produced on the contest as rejected ballots. 
Ibid. 

§ 9. Should the directors fail or refuse to order any regular or 
special election, as aforsaid, it shall be the duty of the township 
treasurer to order such election, and if the township treasurer fails 
to do so, then it shall be the duty of the county superintendent to 
order such election of directors within ten days, in each case of such 
failure or refusal, and the election held in pursuance of such order 
shall be valid the same as if ordered by the directors. 

§ 10. Two of the directors ordering such election shall act as 
judges, and one as clerk of such election. But if said directors or 
any of them shall fail to order an election, to attend or shall refuse 
to act when present, and in all unorganized districts and in elections 
to fill vacancies, the legal voters when assembled shall choose such 
additional members as may be necessary to act as two judges and a 
clerk of said election: Provided^ That if upon the appointment for 
said election, the said directors or judges shall be of the opinion that,on 
account of the small attendance of voters, the public good requires it, 
or if the voters present, or a majority of them, shall desire it, they 
shall postpone said election until the next Saturday, at the same 
place and hour, when the voters shall proceed as if it were not an 
adjourned meeting: And provided, also, That if notice shall pot 



67 

have been given as above required, then said election shall be ordered 
as aforesaid and holden on any Saturday, notice thereof being given, 
as aforesaid. 

§ 11. In case of a tie vote, the judges shall decide it by lot on the 
day of the election. 

§ 12. Within ten days after every election of directors, the judges 
shall cause the poll-book to be delivered to the township treasurer, 
with a certificate thereon showing the election of said directors and 
the names of the persons elected; which poll-book shall be filed by 
the township treasurer, and shall be evidence of said election. 

1. Ballots are the best evidence of the result of an election if it appears 
that they have been preserved in the manner and by the ofl&cers prescribed 
in the statute, and have not been so exposed to the reach of unauthorized 
persons as to afford a reasonable probability of their having been changed or 
tampered with. Collier v. Anlicker, 189-34. 

2. The returns of the judges of an election cannot be accepted as conclu- 
sive of the result of an election where they show that more votes were cast 
than there were names on the poll-list, which is in evidence, since such fact 
shows a failure on the part of the judges to comply with the election law. Ibid. 

§ 18. In case of a union district, made up of parts of two or more 
townships, the poll-books shall be returned to the township treasurer 
who receives the tax money for said district. 

§ 14. For a failure to deliver the poll-book within the time pre- 
scribed, the judges shall be liable to a penalty of not less than twen- 
ty five (25) dollars nor more than one hundred (100) dollars to be 
recovered in the name of the People of the State of Illinois, by action 
of assumpsit, before any justice of the peace of the county, which 
penalty, when recovered, shall be added to the township school fund 
of the township. 

§ 15. The directors, within ten days after the annual election of 
the directors, shall meet and organize by appointing one of their num- 
ber president, and another of their number clerk of such board of 
directors. 

1. The statute requires an annual reorganization, and the intention of the 
statute is that the board organized for the school year shall exercise the 
powers and control the schools of their district during that year. JDavis v. 
School Directors, 92-293. 

2. It becomes manifest that if, just before the school year ends, two directors 
were to employ teachers and make all contracts of every kind for the ensuing 
year, against objections of the other director, and one of those making such con- 
tract should not be re-elected, and his successor was opposed to all ot the con- 
tracts thus made, the school and the affairs of the district would, during the year, 
be governed and controlled by but one director. To suffer such contracts to 
be made would take the control of the affairs of the district from the board 
organized and empowered to control the schools of the district, and thus by 
this means thwart the object and evident intent of the statute. Ibid. 

3. The statute does not make the record kept by the clerk the only evidence 
of the action of the directors, and unless the law expressly and imperatively 
requires all matters to appear of record, and makes the record the only evi- 
dence, parol proof is admissable to prove things omitted to be stated on the 
record. School Directors Y. Kimmel, 31A-537. 



68 

§ 16. Two directors shall be a quorum for business. 

1, Where an honest and reasonable effort has been made to notify the ab- 
sent director, though unavailing, the other two may legally act. School Di- 
rectors V. Sprague, 78A-390. Inithis connection see Trustees of Schools V. Al- 
len, 21-124; Schofield V. WatMns, 22-72; Adkins V. Mitchell, 67-511. 

§ 17. The clerk of such board of directors shall keep a record of 
all the official acts of the board in a well- bound book provided for 
that purpose, which record shall be signed by the president and 
clerk, and shall be submitted to the township treasurer for his in- 
spection and approval on the first Mondays of April and October, 
and at such other times as the township treasurer may require. 

§ 18. The board of directors shall hold regular meetings at such 
times as they may designate; and they may hold special meetings as 
occasion may require, at the call of the president or any two 
members. 

§ 19. No official business shall be transacted by the board except 
at a regular or special meeting. 

1. Under this section a board of directors has no power to employ a 
teacher except at a regular or special meeting, convened and held as required 
by law. School Directors v. Jennings, lOA-643; Stewart V. School Directors, 
24A-229. 

2. A regular meeting is one held at a designated time, but a special meeting 
may be held as occasion may require, on the call of the president or of two 
members. No business can be transacted unless at a regular or special meet- 
ing, but a special meeting may be held on call. It is not provided what no- 
tice shall be given in case of a special meeting, and the law would imply 
reasonable notice. Plainly the object of this provision is that every member 
may be notified when business will be in order. People v. Frost, 32A-242. 

3. Reasonable notice would be necessary to require attendance at a spe- 
cial meeting, yet if the notice were unduly short, and the members so notified 
chose to waive the objection, they might do so and the meeting would be 
good; and so if the members all came together with no previous intention of 
transacting business, it would be competent for them, upon suggestion and 
by mutual agreement, to proceed to hold a meeting and transact any official 
business they might deem necessary. Ibid. 

4. The statute provides that no official business of the board shall be 
transacted except at a regular or special meeting. Yet where the directors 
meet specially for the purpose of considering the matter of hiring a teacher, 
the fact that they proceeded informally and make no record, should not af- 
fect the validity of what they do, so far as the teacher is concerned. Pollard 
V. School District, 65A-101; Eobinson v. School Directors, 96A-604. 

5. Where there is no formal notice of a meeting, but the directors agree to 
meet the morning of a certain day, that is sufficient. If there was an agree- 
ment of all the directors to meet, no formal notice was necessary. Olney 
School District v. Christy, 81A-304. 

6. It is a matter of common knowledge, that formerly persons would call 
on the directors severally and procure contracts purporting to bind the dis- 
trict without the joint or concurrent action of the members constituting the 
board. To correct this evil, section 19, article 5 was enacted, providing that 
no business should be done by the board of directors, except at a regular or 
special meeting. But the language of this section does not have reference to 
the particular manner in which special meetings may be called, but as a pro- 
hibition upon doing business by the members of the board of directors, unless 
a mcetiug is assembled. Lawrence v. Iraner, 136-474. 



69 

§ 20. If the president or clerk be abaent from any meeting, or, 
being present, refuses to perform his official duties, a president or 
clerk pro tempore shall be appointed. 

§ 21. The clerk of each board of school directors shall report to 
the township treasurer or treasurers cf the proper township or town- 
ships, immediately after the organization of the board, the names of 
the president and clerk of such board. 

§ 22. On or before the seventh day of July, annually, the clerk 
of each board of directors shall report to the township treasurer hav- 
ing the custody of the funds of such district, such statistics and 
other information in relation to the schools of his respective district 
as the township treasurer is required to embody in his report to the 
county superintendent, and the particular statistics to be so reported 
shall be determined and designated by the State Superintendent of 
Public Instruction, or by the county superintendent. 

§ 23. No director shall be interested in any contract made by the 
board of which he is a member. 

1. The statute absolutely prohibits a director from being interested in any 
contract made by the board of which he is a member. This embraces every 
contract, whether express or implied, by virtue of which money may be 
drawn from the treasurer; and it cannot be evaded by appropriations or pay- 
ments from the treasurer for labor performed, or materials furnished for the 
benefit of the district, on the pretext they were performed or furnished with- 
out any contract, but being beneficial to and enjoyed by the districs, should 
be paid for as a matter of justice. Both the letter and the spirit of the law 
forbid that directors shall, in any wise, whether directly or indirectly, open 
or covertly, become interested in demands or claims, originating while they 
are directors, to be satisfied by payments from the funds of their districts; 
and this construction must be rigidly enforced by the courts, without regard 
to the moral or equitable considerations that may urge a different policy in 
particular cases. School Directors v. Farks, 85-338. 

2. Where bonds are issued by a board of directors, and a portion of them 
are sold to members, such bonds are void and a tax cannot be legally levied 
to pay interest thereon; the directors have no power to purchase them from 
a board of which they are members, and a tax levied to meet the interest on 
them may be enjoined. Sherlocky. Winnetka, 59-390; Sherlock Y. Winnetka, 
68-530; Hewett v. Board of Education, 94-528. 

3. Where a note is executed by school directors in their individual names 
for school purposes, a remedy exists at law against them as individuals. As 
against the district, the complainant is without remedy. School Directors V. 
Miller, 54-338. 

§ 24. No director shall be interested in the sale, proceeds or profits 
of any book, apparatus or furniture used or to be used in any school 
in this State with which he may be connected. 

§ 25. Any person offending against the provisions of the two pre- 
ceding sections shall be liable to indictment, and upon conviction, 
shall be fined in any sum not less than twenty-five (25) dollars and 
not more than five hundred (500) dollars, and may be imprisoned in 
the county jail not less than one nor more than twelve months, at 
the discretion of the court. 



70 

§ 26. It shall be the duty of the board of directors of each dis- 
trict — 

First — At the annual election of directors to make a detailed re- 
port of their receipts and expenditures to the voters there present, 
and transmit a copy of such report to the township treasurer within 
five days from the time of said election. 

Second — To report to the county superintendent within ten days 
after their employment, the full names of all persons employed as 
teachers, the date of the beginning and the end of their contract. 

Third — To provide for the necessary revenue to maintain free 
schools in their district in the manner provided for in article 8 
of this act. 

Fourth — When a district is composed of parts of two or more town- 
ships, the directors shall determine and inform the collectors of said 
townships, and the collector or collectors of the county or counties in 
which said townships lie, in writing, under their hands as directors 
which of the treasurers of the townships from which their district is 
formed shall demand and receive the tax money collected by the said 
collector as aforesaid . 

Fifth — To establish and keep in operation for at least one hundred 
and ten (110) days of actual teaching in each year, without reduction 
by reason of closing schools on legal holidays , or for any other cause 
and longer if practicable, a sufficient number of free schools for the 
accommodation of all children in the district over the age of six (6) 
and under twenty-one (21) years, and shall secure for all such chil- 
dren the right and opportunity to an equal education in such free 
schools. 

1. If any child is actually dwellins: in any school district so that some per- 
son there has the care of it, and it is within the school age, and not incapable 
by reason of physical infirmity of attending school, and is not instructed 
elsewhere, then that child must go to the public school. Board of Education 
V. Lease, 64A-60. 

Sixth — To adopt and enforce all necessary rules and regulations 
for the management and government of the schools. 

1. The directors undoubtedly have the power to make and cause to be en- 
forced all reasonable rules »nd regulations for the government of schools in 
their respective districts. What are reasonable rules, is a question of law for 
the court, to be determined in view of the facts in each particular case. 
Ihompson v. Beaver, 63 357; Boberson v. Irouett, 17A-386. 

2. Where a teacher accepted an appointment subject to the requirements, 
rules and regulations of a board of directors, the teacher was bound by such 
rules and regulations, and a rule in force when such contract was made, that 
the directors might require teachers employed by them to teach in any de- 
partment that, in the judgment of the board, the best interests of the schools 
might demand, was as much a part of the contract, and as binding on the 
teacher, as if such rule had been written at length in the contract before it 
was signed by her. City of Jacksonville v. Akers, llA-393. 

3. In the performance of their duty in carrying the law into effect, the 
directors may prescribe certain rules and regulations for the government of 
the schools in their district, and enforce them. But all such rules and regu- 



71 

lations must be reasonable, and calculated to promote the objects of the l&w 
— the conferrin^er of such r.n education upon all, free of charge. The law 
having conferred upon each child of proper age the right to be taught the 
enumerated branches, any rule or regulation which, by its enforcement, 
would tend to hinder or deprive the child of this right cannot be sustained. 
AH rules must be adapted to the promotion and accomplishment of this grand 
and paramount object of the law. Rulison v. Post, 79-567. 

4. Under the power to prescribe necessary rules and regulations for the 
management and government of the school, the board of directors may, un- 
doubtedly, require classification of the pupils with respect to the branches of 
study they are steadily pursuing, and with respect to proficiency or degree 
of advancement in the same branches; and that there shall be prompt attend- 
ance, diligence in study, and proper deportment. Irustees of Schools v. 2he 
People, 87-303. 

5. A rule requiring all pupils to bring written excuses from their parents 
to teachers for absence, and that such excuse must be satisfactory and reason- 
able, otherwise they will not be granted, is not a hard or harsh one. It does 
not of itself indicate any sinister purpose or wicked force on the part of the 
directors. It does not trench on the rights of any one. This rule is not an 
attack upon , or an abridgement of the inalienable rights of a citizen. Churchill 
V. FewJces, 13A-520. 

6. A rule that caused a child, who arrived at school age only 31 days alter 
the fall term commenced, to lose the benefits of the free school, not only 
during the remaining months of that term, but also during the whole of the 
following winter term, was not a reasonable one or calculated to promote the 
objects of the law. Board of Education v. Bolton, 85A-92. 

7. The general principle is established by an almost uniform course of de- 
cisions, that a public officer, when acting in good faith, is never to be held 
liable for an erroneous judgment in a matter submitted to his determination. 
AH he undertakes to do, is to discharge his official duty to the best of his 
ability and with integrity; that he may never err in his judgments, or that he 
may never decide differently from what some other persons may think would 
be just, is no part of his official undertaking. Churchill v. FewJces, 13A-520. 

8. In the direct performance of the duties imposed by law upon school 
directors, they must exercise judgment and discretion. What rules and reg" 
ulations will best promote the interests of the school under their immediate 
control, and what branches shall be taught and what text books shall be 
used, are matters left to the determination of the directors and must be set- 
tled from the best lights they can obtain from any source, keeping always in 
view the good of the school. Good order can only be maintained from en- 
forcing discipline, and that power is largely committed to the directors. 
They have the power of suspension or expulsion, and they may exercise that 
power as a means of discipline for the causes mentioned in the statute. That 
implies declaration and decision on the part of the directors or, as it is some 
times expressed, they act judicially in a matter involving discretion in rela- 
tion to the duties of their office. McCormicJc v. Burt, 95-263. 

9. A mere mistake in judgment, either as to their duties under the law, or 
as to facts submitted to them, ought not to subject such officers to an action. 
They may judge wrongly, and so may a court or other tribunal, but the 
party complaining can have no action when such officers act in good faith 
and in the line of what they think is honestly their duty. Any other rule 
might work very great hardships to honest men who, with the very best of 
motives, have fairly and faithfully endeavored to perform the duties of these 
inferior offices. Tlaey are considered inferior offices, yet they are of the ut- 
most importance to the public. Ibid. Churchill v. FewJces, i3A-520. 

10. The right or privilege of attending the public schools is given by" law 
to every child of proper age in the State, and there is nowhere to be found 
any provision of law prescribing vaccination as a condition precedent to the 
exercise of this legal right. Whether the Legislature has the power to make 



72 

such a requirement or not it is not necessary here to consider. It is sufficient 
that it has not done so. Potts v. Breen, 167-67. School Directors v. Breen, 
60A-201, affirmed. 

11. The Board of Health has no more power over the public schools than 
over private schools or other public assemblages, and its order applying to 
public schools only requiring vaccination as pre-requisite to the exercise of 
the right to attend a public school, could be justified only upon reasonable 
grounds appearing that the contagion of small- pox would more likely origin- 
ate in or be disseminated from the public schools than from other assem- 
blages. Ibid. 

12. While school directors and board of education are invested with power 
to establish, provide for, govern and regulate public schools, they have no 
authority to exclude children from the public schools on the ground that they 
refuse to be vaccinated, unless, indeed, in cases of emergency, in the exer- 
cise of the police power, it is necessary, or reasonably appears to be neces- 
sary, to prevent the contagion of small-pox. Ibid. 

13. Children infected with or exposed to small-pox may be temporarily 
excluded or the school temporarily suspended; but such power is justified by 
emergency, and, like the necessity which gives rise to it, ceases when the 
necessity ceases. No one would contend that a child could be permanently 
excluded from a public school because it had been exposed to small pox or 
that the school could be permanently closed because of the remote fear that 
the disease of small-pox might appear in the neighborhood, and that if the 
school should then be open and children in attendance upon it the public 
would be exposed to the contagion. Ibid. 

1. A rule adopted by the State Board of Health compelljng the vaccina* 
tion of children as a pre-requisite to their attending the public schools is un* 
reasonable where small-pox does not exist in the community and there is no 
reasonable cause to apprehend its appearance. The power to compel the 
vaccination of children as a pre-requisite to their attending public schools 
could only be derived from the general police power of the State, and can 
only be justified as a necessary means for preserving health. Lawbaugh v. 
Board of Education, 177-572. Lawbaugh v. Board oj Education, 66A-159, 
reversed. 

15. The authority of a teacher over his pupil being regarded as a delega- 
tion of at least a portion of the parental authority, the presumption is in 
favor of the correctness of the teacher's action in inflicting corporal punish- 
ment upon the pupil. The teacher must not have been actuated by malice, 
nor have inflicted the punishment wantonly. For an error in judgment, al- 
though the punishment is unnecessarily excessive, if it is not of a nature to 
cause lasting injury, and he acts in good faith, the teacher is not liable. Fox 
V. The People, 84A-270. 

16. This court has frequently condemned the practice of selecting isolated 
portions of the evidence and giving them undue prominence by calling the 
attention of the jury especially to them. ****** It has a tendency 
to mislead the jury into giving undue prominence to the evidence so selected, 
as being that to be relied on, and sinking out of sight other testimony, im- 
portant to be considered in connection with it, in order to estimate its true 
force. Chesney V. Meadows, 90-433; Fox V. The People, 84 A- 270. 

Seventh — To visit and inspect the schools from time to time as the 
good of the schools may require. 

Eighth — To appoint all teachers and fix the amount of their 
salaries. 

1. School directors have no power to make contracts for the employment 
of teachers for terms to commence beyond the expiration of the current 
school year. There is no objection to contracts for the teaching of terms ex- 
tending for a reasonable time beyond the current school year, when such 



73 

contracts are entered into in good faith, and not for the purpose, merely, of 
forcing upon the district an unsatisfactory teacher or defeating the will of 
the voters at the annual election. Stevenson v. School Directors, 87-255; Davis 
V. School Directors, 92-293. 

2. Directors cannot be permitted, five days before the current school year 
expires, to hire a teacher, perhaps obnoxious to the people of the district, to 
teach a term of school extending three months or nearly so into the ensuing 
school year. Cross v. School Directors\ 24A191. 

3. There is no contract between a teacher and pupil. The only contract a 
teacher can have under the law, is with the directors. It is from them he re- 
ceives his employment and pay as a teacher. Stuckney v. Churchman, 
2A-584. 

Ninth — The directors shall direct what branches of study shall be 
ta light, and what text books and apparatus shall be used in the sev- 
eral schools, and strictly enforce uniformity of text books therein, 
but shall not permit text books to be changed oftener than once in 
four years, but shall prohibit such change. 

1. The directors have no power to expel a pupil from school, its privileges 
and benefits, because, under the direction of her parents, she refuses to 
study book-keeping, as it is not one of the branches enumerated in the stat- 
ute, and is one her parents have the option to have taught her. The direc- 
tors have no such power, they cannot lawfully expel such pupil from the 
benefits aud privileges of the school for a refusal to comply with this require- 
ment, and when they do so with force, it constitutes a trespass. Rulison v. 
Post, 79-567. 

2. No particular branch of study is compulsory upon those who attend 
school, but schools are simply provided b^^ the public in which prescribed 
branches are taught, which are free to all within the district between ceitain 
ages. Irustees v. People, 87-303. 

3. It was held by the superintendent of public instruction in 1865, that 
while the common schools of the State must be the distinctive character of 
English schools, in which the common medium of communication shall be 
the English language, the statute, under the expression other and higher 
branches, was permissive authority to teach the modern languages in the 
common schools. Powell v. Board oj Education, 97-375. 

4. This clause is the only provision of the school law which confers the 
power or duty to specifically direct what branches of study shall be taught and 
what text books or apparatus shall be used in the several schools, prescribing 
uniformity of text books, but limiting the right to change text books oftener 
than once in four years. People v. Board of Education, 175-9. 

5. Boards of education derive this power because it is primarily conferred 
upon boards of directors, and by the general provisions upon boards of edu- 
cation. This being true, boards of education must be also subject to the re- 
strictions imposed by the statute. The reason for prohibiting the change of 
text books oftener than once in four years undoubtedly was to save expense to 
parents of small means. Besides, it was regarded as detrimental to the pu- 
pils to change their text books too frequently. Ibid. 

6. If necessary to limit changes in districts under school directors, the 
reason holds equally good in cities and villages in districts under boards of 
education. The statute prohibiting the change of text books oftener than once 
in four years must be held to apply to boards of education in school districts 
haying a population of more than 1,000 inhabitants. Ibid, 

7. Graded writing or copy-books, with printed forms and texts scientific- 
ally arranged, with printed instructions to each pupil in each book and with 
a manual of instruction for the teachers, are text books for penmanship in- 
struction, within the meaning of the act prohibiting change of text books 
oftener than once in four years. Ibid. 



74 

Tenth — The directors shall have power to purchase, at the expense 
of the district, a sufficient number of the text books used to supply 
children whose parents are not able to buy them. The text books 
bought for such purposes shall be loaned only, and the directors shall 
require the teacher to see that they are properly cared for and re- 
turned at the end of each term of school. 

Eleventh — The directors shall, on or before the seventh day of 
July, annually, deliver to the township treasurer all teachers' sched- 
ules made and certified as required by the provisions of article 7 
of this act, covering all time taught during the school years, ending 
June 80th, and the directors shall be personally liable to the district 
for any loss sustaiued by it, through the failure of the directors to 
examine and so deliver such schedules within the time fixed by law. 

Twelfth — The directors shall not pay out any public money to any 
teacher unless such teacher shall, at the time of his or her employ- 
ment, hold a certificate of qualification, obtained under the provisions 
of this act, covering the entire period of his or her employment. 

1. Prior to July 1, 1893, the statute provided that no teacher should be 
entitled to any portion of the school fund, or be employed to teach who had 
not at the time of the employment, a certificate of qualification, but by the 
amendment in force on the day mentioned, it is sufficient that the teacher 
shall have the certificate at the time he enters upon his duties as such teacher. 
Pollard V. School District, 65A-104; School Directors v. Orr, 88A-648. 

Thirteenth — The directors shall not pay any public funds to any 
teacher unless such teacher shall have kept and furnished schedules 
as required by this act, and shall have satisfactorily accounted for 
books, apparatus and other property of the district that he may have 
taken in charge. 

Fourteenth — The directors shall pay teachers' wages monthly. 
Upon the receipt of schedules, properly certified, the directors shall 
at once make out and deliver to the teacher an order on the town- 
ship treasurer for the amount named in the schedule; which order 
shall state the rate at which the teacher is paid according to his con- 
tract, the limits of time for which the order pays, and that the direc- 
tors have duly certified a schedule covering this time. But it shall 
not be lawful for the directors to draw an order until they have duly 
certified to the schedule; nor shall it be lawful for the directors, after 
the date for filing schedules as fixed by law, to certify any schedule 
not delivered to them before that date by the teacher, when such 
schedule is for time taught before the first of July preceding, nor to 
give an order in payment of the teacher's wages for the time covered 
by such delinquent schedule. 

1. If an order is made before the schedule is filed with the treasurer, it is 
unlawfully drawn and therefore void. And if void in the hands of the drawee, 
no rules of commercial law can impart vitality to it. If it is unlawful to draw 
the order before schedule is filed, then no one can claim to be an innocent 
holder thereof. School Directors v. First National Bank of Greenville, 3A-349. 

2. Laches cannot be imputed to the tax-paxers and inhabitants of school 
districts: and the only safe rule that the courts can establish for their secur- 
ity — in the payment and distribution of the moneys set apart to and contrib- 
uted by them, through the various forms to taxation, for the education of 



75 

their children, — is to hold all the school officers to a strict compliance with 
all the provisions of the law with reference to them as such; and to charge 
all persons dealing in orders drawn upon the school funds, with notice of the 
want of power for so doing. Ibid. 

Fifteenth — At the annual election of directors, the directors shall 
cause a copy of the township treasurer's report of the financial con- 
dition of the district, provided by law, to be posted upon the front 
door of the building where such annual election is held. 

§ 27. The board of school directors shall be clothed with the fol- 
lowing additional powers: 

First — To use any funds belonging to their district, and not other- 
wise appropriated, for the purchase of a suitable book for their rec- 
ords. And the said records shall be kept in a punctual, orderly and 
reliable manner. 

Second—Said directors may, where they deem the amount of labor 
done sufficient to justify it, allow the clerk of such board of direc- 
tors, out of any funds not otherwise appropriated, compensation for 
duties actually performed. 

Third — They shall have power to dismiss a teacher for incom- 
petency, cruelty, negligence, immorality or other sufficient cause. 

1. A certificate of qualification, obtained from the county superintendent 
is prima Jacie evidence of the fact of his competency to teach. Where a 
teacher is discharged for incompetency, it devolves upon the directors to 
show the want of qualification. The law does not require the highest possi- 
ble qualifications, or a talent for his profession equal to the most eminent 
and successful teachers. It requires only average qualification and ability, 
and the usual application to the discharge of the duties of a teacher, to fulfill 
his contract. Neville y. School Directors, 36-71. 

2. School directors cannot capriciously discharge a teacher before the ex- 
piration of the time for which he or she is employed. In the language of the 
statute it must be for incompetency, cruelty, negligence, immorality or other 
sufficient cause. The burden of proving the incompetency or other cause, 
rests on the directors. School Directors v. Beddick, 77-628; Robinson v. School 
Directors, 96A-604; Ewing v. School Directors, 2A-458. 

3. Where the proof shows that the teacher kept schedule for the period 
taught, and after dismissal presented it to the directors of the district, this, 
followed by proof of employment and competency to teach, is all that is 
necessary to enable the teacher to recover wages for the entire time she was 
employed to teach. It is not necessary to allege in the declaration that she 
kept a schedule in accordance with the provisions of the statute after the 
time of her dismissal. The action of the directors renders this impossible. 
Ibid. 

4. When a teacher proves a contract of employment for a definite time 
and for a stipulated price and was prevented from fulfilling it by the act of 
the defendant, and that he was ready, able and willing to complete it, he is 
entitled prima Jacie, to recover the entire sum contracted to be paid, and if 
the defendant can mitigate the damages by showing that the plaintiff had em- 
ployment or could have obtained it by reasonable diligence during the whole 
or any portion of the time, the burden is upon them to prove such fact. 
School Directors v. Crews, 23A-367. 

5. The statute makes it the duty of the directors to maintain a school for 
at least six months in the year, and the destruction of the school house does 
not exonerate them from the performance of this duty, as they can, in that 
event, rent a suitable room for school purposes. Ibid. Millard v. Board of 
Education, 19A-48. In this connection see Corn v. Board of Education, 
39 A- 446. 



76 

6. When a teacher is selected and employed, the contract is for the per- 
sonal services of that teacher. A teacher cannot fulfill the contract by hiring 
a substitute. Absence without leave, and the temporary substitution of an- 
other teacher, although competent, is ground for dismissal. School Directors 
V. Hudson, 88 563. 

7. The law makes it a duty of boards of directors to adopt and enforce 
rules and regulations for the government of their schools. It is the duty of 
the teacher to act in conformity to such rules and regulations. The term 
negligence used in the statute means, the want of ordinary care and atten- 
tion to the performance of a duty, or the failure to observe the rules and reg- 
ulations made by the board of directors. Boberson v. Iroutt, 17A-386. 

8. Ability to teach the branches prescribed does not alone qualify a per- 
son to teach our youth. In addition thereto, they should be persons who, for 
their known virtue and morality, are fitted to be trusted with the person and 
mind of the child. They should be entitled to, and receive, the entire confi- 
dence of the patron and pupil. If suspicioni of vice or immorality be once 
entertained against a teacher, his influence for good is gone, lingley v. 
Vaughn, 17A-347. 

9. The third clause of section 27, article 5 of the school law, gives the 
school directors the power to dismiss a teacher for various specified causes, 
including negligence. Tardiness of 15 to 30 minutes on the part of the 
teacher two or three times a week constitutes negligence within the meaning 
of the statute, and the board of directors have a legal right to dismiss the 
teacher for that reason. School Directors v. Birch, 93A-499, 

10. Where a teacher enters into an agreement with a board of directors to 
teach for a certain time provided he gave satisfaction, it is held, that the spe- 
cial condition in the contract was intended, and had the effect, to reserve to 
the directors the exclusive right to determine what was required to give satis- 
faction and whether it was, in fact, given by the teacher, limited only by the 
obligation to do it in good faith and not from mere passion, prejudice or ca- 
price. School Directors v. iLwington, 26A-379. 

11. Where a teacher enters into an engagement to teach, the continuation 
of which is at the option of the directors, the directors, acting in good faith, 
may dispense with the services of such teacher, whenever they see fit to do 
so, and are under no legal obligation to state any cause for their action. 
When an employer reserves the right to terminate a contract of employment 
at his option, and exercises that right, he has done only what the employ^ 
expressly agreed that he might do. Olney School District v. Christy, 
81A-304. 

Fourth — They shall have power to assign pupils to the several 
schools in the district; to admit non-residents when it can be done 
without prejudice to the rights of resident pupils, to fix rates of 
tuition; collect and pay the same to the township treasurer for the 
use of said district. 

Fifth — They may suspend or expel pupils who may be guilty of 
gross disobedience or misconduct, and no action shall lie against 
them for such expulsion or suspension. 

1. It is true that the common schools are provided and maintained by tax- 
ation, that their benefits are rightly to be enjoyed by all, and that one who is 
improperly excluded sustains an injury which the law will redress. But the 
enjoyme.nt of the right thus furnished by the State at public expense is nec- 
essarily conditioned upon that degree of good conduct on the part of each 
that is indispensable to the comfort and progress of others. Board of Educa- 
tion V. Helston, 32A-300. 

2. As in all other forms of social life, the individual must surrender a cer- 
tain measure of his natural independence and submit to be governed by those 
rules which have been found necessary; and very much as in the family, 
there is absolute necessity for strict obedience to all reasonable requirements 



77 

of those who are in authority. The ordinary laws of decency and propriety 
in conduct and in speech cannot be disregarded, and when broken there must 
be prompt and effectual punishment, otherwise the great objects of the 
school will fail of accomplishment. Ibid. 

3. The defacement of a public school building by obscene writing thereon 
is aa intolerable offense, and the most radical measures should be resorted 
to, if necessary, to prevent a repetition of it. Every pupil, when called upon 
by the superintendent or by the board, should, as a matter of duty and loy- 
alty to what is essential for the common welfare, freely state anything within 
his knowledge not self-criminating, that will assist in bringing the offender 
to justice and thereby tend to the repression of all such offenses. Ibid. 

4. If he refuses to do this he is guilty of disobedience, for which reason- 
able punishment may be inflicted. By the provisions of the school law, the 
board of directors may suspend or expel a pupil for misconduct, but this sus- 
pension or expulsion would not be construed to continue beyond the current 
school year. Ibid. 

5. Boards of directors have the power of suspension or expulsion, and 
they may exercise that power as a means of discipline for the causes men- 
tioned in the statute. The suspension or expulsion of a pupil from the bene- 
fits and privileges of the school for what is considered incorrigibly bad con- 
duct, implies deliberation and decision on the part of the directors, or, as it 
is some times expressed, they act judicially, in a matter involving discretion 
in relation to the duties of their office. Bulison v. Post, 79-567; McCormich 
V. Burt, 95-263. 

Sixth — They may provide that children under twelve (12) years of 
age shall not be confined in school more than four hours daily. 

Seventh — They may appropriate, for the purchase of libraries and 
apparatus, any school funds remaining after all necessary school ex- 
penses are paid. 

1. The authority given to school directors by the statute to appropriate to 
the purchase of libraries and apparatus any surplus funds, after ail necessary 
school expenses are paid, would seem to be a limitation of the power to make 
purchases of this kind to the circumstances named, and to be an implied de- 
nial of any power to purchase generally on credit. Clark v. School Directors 
78-474; Folsom v. School Directors, 91-402. 

Eighth — When any school district owns any personal property not 
needed for school purposes, the directors of such district may sell 
such property at public or private sale, as in their judgment will be 
for the best interests of the district, and the proceeds of such sale 
shall be paid over to the treasurer of such district, for the benefit of 
said school district. 

Ninth — They may grant special holidays whenever in their judg- 
ment such action is advisable: Provided, no teacher shall be re- 
quired to make up the time lost by the granting of such holidays. 

Tt!n//i— They shall have the control and supervision of all school 
houses in their district, and may grant the temporary use of school 
houses when not occupied by schools, for religious meetings and 
Sunday schools, for evening schools and literary societies, and for 
such other meetings as the directors may deem proper. 

1. Directors of common schools have no power to burden the people wita 
debt, or to levy taxes, by the machinery of the law, to purchase ground and 
erect large and costly buildings, and then donate them to private use or gain. 
Sherlock v. Village o} Winnetka, 68-530. 



78 

2. The clause that provides that school directors may grant the temporary 
use of school houses, when not occupied by schools, for religious meetings, 
for evening schools and literary societies, and for such other meetings as the 
directors may deem proper, is not repugnant to section 3, article 8 of the 
Constitution, that forbids any public corporation from making any grant or 
donation of land, money or other personal property to any church or for any 
sectarian purpose. Nichols v. School Directors, 93-61. 

Eleventh — They shall have power to decide when the school house 
site, or the school buildings have become unnecessary, or unsuitable, 
or inconvenient for a school. 

1. This clause confers a power to be exercised when changed conditions 
have rendered a site once chosen by the voters unsuitable or inconvenient 
in the opinion of the board, and the power given in such case is to take the 
initiative for the choice of another site by calling an election and submitting 
the question to the voters. A change in the center of population, or other 
conditions, may occur, and the language of the statute implies some such 
change in condition which will authorize action by the board, and not a 
refusal to carry out the will of the voters. Kiehna v. MansJcer, 178-15; 
Kiehna v. Mansker, 77A-508, reversed. 

2. School directors cannot annul an election changing a school site, repu- 
diate the site chosen and call an election to vote on the question of building a 
new school house on the old site, discarded at the first election, merely be- 
cause the new site is some distance from a highway. Ibid. In this connec- 
tion see School Directorsly. Ihe People, 90A-670. 

Twelfth — They may borrow money, and issue bonds therefor, for 
building school houses, purchasing sites, repairing and improving 
school houses, in the way and manner provided for by article 9 of 
this act. 

1. The acceptance by a school board of a bid for a school house does not, 
of itself, create an immediate indebtedness, where it is shown that the bid 
was accepted upon the understanding that a contract acceptable to the board 
should be signed at a future date, and that the contract, which was subse- 
quently signed, was broader in its scope than was contemplated by the terms 
of the bid. Baltimore S Ohio Southwestern Railroad Company v. Ihe People, 
195-423. 

2. The fact that there is money in the treasury of a school district which 
may be applied to buildinsr a school house adds nothing to the power of the 
directors to make a contract for the building, where it is not shown that such 
money was applied to or set apart for that purpose. Wabash Railroad Com- 
pany V. Ihe People, 202-9. 

3. A contract for a school building, signed by the individual directors of 
the district, is the obligation of the district, where the contract recites that 
the board of directors is the party of the second part, that the parties have 
hereunto set their hands, and it is stipulated that the contractor completed the 
building for the district and that it was accepted by the board. Ibid. 

§ 28. The school directors shall draw no order or warrant pay- 
able on demand upon the township treasurer or against any fund in 
his hands, unless at the time of drawing such order or warrant there 
are suflficient funds in his hands to pay the amount of the same: 
Provided, this section shall not apply to orders issued to teachers for 
their wages. 

1. An order is void unless issued when there is money in the treasury ap- 
plicable to its payment. Board of Education v. Foley, 88A-470. 



79 

§ 29. Whenever there is no money in the treasury of any school 
district to meet and defray the ordinary and necessary expenses 
thereof, it shall be lawful for the board of directors to provide that 
orders or warrants may be drawn and issued against and in anticipa- 
tion of the collection of any taxes already levied by said directors for 
the payment of the ordinary and necessary expenses of any such dis- 
trict, to the extent of 75 per centum of the total amount of said tax 
levy : Provided, that warrants drawn and issued under the provis- 
ions of this section shall show upon their face that they are payable 
solely from said taxes when collected, and not otherwise, and such 
warrants shall be received by any collector of taxes in payment of 
the taxes against which they are issued, and which taxes against 
which said warrants or orders are drawn shall be set apart and held 
for their payment. 

§ 80. The school directors shall be liable as directors for the bal- 
ance due teachers, and for all debts legally contracted. 

§ 31. It shall not be lawful for a board of directors to purchase 
or locate a school house site, or to purchase, build or move a school 
house, or to levy a tax to extend schools beyond nine mouths with- 
out a vote of the people at an election called and conducted as re- 
quired by section 4 of article 9 of this act. A majority of the votes 
cast shall be necessary to authorize the directors to act. Provided, 
that if no one locality shall receive a majority of all the votes cast at 
such election , the directors may, if in their judgment the public in- 
terest requires it, proceed to select a suitable school house site; and 
the site so chosen by them shall, in such case, be legal and valid, the 
same as if it had been determined by a majority of the votes cast; 
and the site so selected by either of the methods above provided 
shall be the school house site for such district; and said district shall 
have the right to take the same for the purpose of a school house 
site either with or without the owner's consent, by condemnation or 
otherwise. 

1. This section prohibits the location of a school site by the board, with- 
out a selection being made by a majority vote at an election duly held. If, 
at such election, called and held for the purpose of fixing a site, no locality 
receives a majority of the votes cast, then, and in that event only, is a discre- 
tionarv power to act granted to the board. School Directors v. Wright, 
43A-270. 

2. Where a majority of the legal voters, at an election held, did select a 
school house site, thus precluding the adoption of any other method by the 
directors, the money collected, and the materials bought to build a school 
house must be used in the construction of it upon the site legally fixed at 
said election, and not elsewhere. Ibid. 

3. Where directors disregard the provisions of this section, and without 
lawful power or authority select a site, and admit they will, unless enjoined, 
expend the money collected, and use the materials bought, in erecting a 
school house on the site by said board illegally selected, an injunction may be 
properly granted to prevent such unlawful expenditure of public funds. 
Ibid. 

4. Under this provision it is not within the power of the directors to con- 
tract for the building of a school house without such authority from the 
people; any orders issued by them for such purposes are void; there being a 
want of power to issue such orders, there can be no innocent holders of 



80 

them; the fact that the building may have been constructed, accepted by the 
directors and used for school purposes, would not legalize the act or bind the 
tax payers. Watts v. McCleave, 16A-272. 

5. The supervision and control of school houses is expressly vested in the 
directors. When one director assumes exclusive individual control of the 
school house of the district, and is engaged in raising it from the foundation, 
with the intention of removing it from its site, the restraining power of the 
court may be invoked by the other directors, as this is a clear interference 
with the right given the board of directors to its control. It is true that the 
trustees of schools are vested with the title, care and custody, but it is the 
control of the school house that is here involved, and that is vested in the di- 
rectors. Buble v. School District, 42A-483. 

6. Where an election is held and results in favor of building a school 
house, and in the location thereof, and at a subsequent election the proposi- 
tion to borrow money for building purposes is defeated, this subsequent 
election cannot be construed t9 affect, change or abrogate the vote to build a 
school house and locate the site. The people might be willing to bear the 
burden of an annual tax levied for building purposes, and yet be unwilling 
to borrow money and issue bonds as evidence of such indebtedness. Penn- 
ington V. Coe, 57 118. 

7. Directors have the right to levy a special tax for school purposes with- 
out a vote of the people, and a special tax for building purposes, with the 
consent of the legal voters; but they exceed their power, when they attempt 
to appropriate the funds raised for one object for a different purpose. Ibid. 

8. Too great nicety or precision ought not to be required in elections of 
this character, where school officers are not supposed to be learned in the 
law nor versed in legal technicalities. If the notice is reasonably sufficient 
to inform the voter as to the purposes of the election and the matters to be 
voted on, the election should not be invalidated for want of absolute definite- 
ness. Shiras v. Irwin, 87A-111, 

9. Where it is the intention of the majority of the directors by the notice 
given, to submit to the voters the proposition to build a new school house as 
well as to change the site and borrow money, and where the returns of the 
election made by the directors to the school treasurer, only showed that two 
propositions were submitted to be voted on, and that the building of a new 
school house was not one of them, such omission would not invalidate the 
election if it was properly held, and the questions involved were fairly sub- 
mitted to the voters. Ibid. 

10. A purchaser of land receiving a deed with covenants of title, cannot 
avoid the payment of promiss >ry notes given for the purchase money, on the 
ground that the grantor had no title, if the purchaser's possession has not 
been disturbed nor the paramount title asserted. Neither can a tax-payer 
for such reason resist a proceeding for the collection of taxes levied to pay 
the purchase money for a school house site, so long as the title to the prem- 
ises is not questioned. People v. Sisson, 98-335. 

11. Section 31, article 5 of the general school law, concerning the submis- 
sion to the electors of the question of building a school house, does not re- 
quire that the cost of such building be voted upon. People v. Chicago d; 
Northwestern Railway Company, 186-139. 

12. That a school house site has been selected, contracts for work and 
materials made, bonds issued and sold and a teacher engaged does not ope- 
rate as an estoppel against a proceeding by information in the nature of a 
quo warranto against school directors to test the legality of the organization 
of the district, where it does not appear that the bonds were sold or the 
money expended before the filing of the information, and the hiring of the 
teacher was after that time. Mason v. Ihe People, 185-302. 

13. The selection of a site is not invalid because the clerk of the election 
did not describe it by metes and bounds, but only by general reference. It is 
not material to the validity of the selection that the clerk of the election 
should describe the place chosen with precision, in entering upon the records 
the fact that the voters made choice of a site. Merritt v. Ferris, 22-303. 



81 

14. Where the public square of a village is held in trust for the public use, it 
cannot be appropriated to any other use inconsistent with or destructive with 
the first; that the building of a school house on the public square of a vil- 
lage, whether such square be left open for public travel across it, or inclosed 
or used as a park, would be inconsistent with the original use, cannot be 
doubted. Davis v. Nichols, 39A-G10. 

15. School directors in the actual occupancy of a house by a school, when 
a trespass is committed, may maintain an action of trespass. By the statute 
the supervision and control of school houses is expressly vested in the direc- 
tors, and they may grant the temporary use of them, when not occupied by 
schools, for certain specified purposes, and the teachers and pupils are under 
their immediate control, and it is difficult to see how they could under any 
circumstances successfully perform the functions required of them, without 
they have the right to maintain such action. Alderman v. School Directors, 
91-179. 

16. School directors have power to lease a suitable room or rooms for es- 
tablishing a school without submitting the question to the electors, and they 
are not discharged from their duty in that regard by a failure of proposition 
to build a school house, at an election held for that purpose. School Direc- 
tors V. Ihe People, 186-331. 

§ S2, In case the compensation to be paid for the school house 
site mentioned in the preceding section cannot for any reason be 
agreed upon or determined between the school directors and the par- 
ties interested in the land taken for such site, then it shall be the 
duty of the directors of such district to proceed to have such com- 
pensation determined in the manner which may be at the time pro- 
vided by law for the exercise of the right of eminent domain: Pro- 
vided, that no tract of land lying outside of the limits of any incor- 
porated city or village, and lying within forty rods of the dwelling 
house of the owner of the land, shall be taken for a school site with- 
out the owner's consent. 

1. The trustees of schools are invested in their corporate capacity with the 
title, care and custody of all school houses and school house sites within their 
respective townships. All conveyances of real estate are made to them in 
their corporate capacity, and they are to sell and convey sites which have be- 
come unsuitable, unnecessary or inconvenient. School directors are given 
the control and supervision of school houses in their respective districts, and 
may decide when a school house site may become unnecessary, unsuitable, or 
inconvenient. They are authorized to agree upon or determine the compen- 
sation to be paid for a school house site with the parties interested in the 
land, and in case of failure they may proceed to have such compensation de- 
termined in the manner which may be at the time provided by law for the ex- 
ercise of the right of eminent domain. Bank v. School Directors, 19i-247. 

2. But if they should agree upon the compensation to be paid and obtain 
a conveyance of the real estate for a school house site, it would be made to 
the trustees of schools and not to them. If they fail to agree, the method 
provided by law for vesting title for the public use is by a proceeding to con- 
demn the laud, and the title would have to be vested in the trustees. The 
trustees are consequently the proper and necessary petitioners in whom, 
under the statute, the judgment of the court vests the title upon the pay- 
ment of the compensation. Ibid. 

3. If a man sells land for a school house site, which is wholly surrounded 
by his own land, in this case the purchasers are entitled to a right-of-way 
over the other's ground to arrive at their o\fn land. The way is a necessary 
incident to the grant, and without which the grant would be useless. But k 
a tract of land in the center of an enclosed field is condemned for a sehoo' 

—6 S. 



•'VS. 

house site, without any attempt to condemn a right-of-way to such site, no 
way by necessity can be claimed as incident to ^^ title acquired by the con- 
d(. mnation judgment. A way by necessity is based on a grant only. Hid. 

§ 38. Any director wilfully failing to perfom his duties 'as directed 
under this act, may be removed by the county superintendent, and 
a new election ordered, as in other cases of vacancies. 

§ 34. All funds belonging to any school district, and coming from 
any source, shall be paid out only on order of the iDoard of directors, 
signed by the president and clerk of said board, or by a majority of 
said board. In all such orders shall be stated the purpose for which 
or on what account such order was drawn. Such order may be in 
the following form: 

The treasurer of township No range No , in 

county, will pay to or bearer, dollars and 

cents, (on his contract for repairing school house, or whatever the purpose 

may be) . By order of the board of directors of school district No. , 

in said township. 

A B , President. 

C D Cleric. 

§ 35. Pupils shall not be transferred from one district to another 
"without the written consent of a majority of tbe directors of each 
district, which written consent shall be delivered to and filed with 
the proper township treasurer, and shall be evidence of such consent. 
A separate schedule shall be kept for each district, and in each 
schedule shall be certified the proper amount due the teacher from 
that district, computed upon the basis of the total number of days' 
attendance of all schedules. If the district from which the pupils 
are transferred is in the same township as ihe district in which the 
school is taught, the directors of said distrfct shall deliver the separ- 
ate schedules to their township treasurer, who shall credit the dis- 
trict in which the school was taught, and charge the other district 
with the respective amounts certified in said separate schedule to 
be due. If pupils are transferred from a district of another to wn- 
ship, the schedule for that district shall be delivered to the directCfS"** 
thereof, who shall immediately draw an order on their treasurer in 
favor of the treasurer of the township in which" the school was taught 
for the amount certified to be due in said separate schedule. 

§ 36. When a school is composed in part of pupils transferred, 
as provided for in the proceeding section, from other to\\!:o,ship8,-the 
duty of collecting the amount due on account of such pupils shall 
devolve upon the directors of the district in which the school was 
taught. 

Article VI. 

BOARD OF EDUCATION 

Section 1. Incorporated cities and villages, except such as now 
have charge and control of free schools by special acts, shall be and 



83 

remain parts of the school townships in which they are respectively 
situated and be subject to the general provisions of the school law, 
except as otherwise provided in this article. 

§ 2. In all school districts having a population of not less than 
1,000 and not over 1)0,000 inhabitants, and not governed by any 
special act in relation to free schools now in force, there shall be 
elected, instead of the directors provided by law in other districts, a 
board of education, to consist of a president of the board of educa- 
tion, six members, and three additional members for every additional 
10,000 inhabtants. Whenever additional members of such board of 
education are to be elected by reason of increased population of such 
district, such members shall be elected on the third Saturday of April 
succeeding the ascertaining of such increase by any special or gen- 
eral census, and the notice of such election shall designate the term for 
which the members are to be elected, so that one-third of the board 
shall be elected for each year: Provided, That in no case shall said 
board consist of more than 15 members. 

§ 3. The president of said board of education shall be elected an- 
nually, at the same time the members of the board of education are 
elected, and he shall hold his office for the term of one year and until 
his successor is elected and qualified. 

§ 4. The president of the board of education so elected shall pre- 
side at all meetings of said board, and shall give the casting vote in 
case of a tie between the members thereof; but otherwise he shall 
not have a vote. He shall sign all orders for the payment of money 
ordered by said board, and generally perform such duties as are im- 
posed by law upon presidents of boards of directors, or that may be 
imposed upon him by said board of education, not in conflict with 
law: Provided, That in the absence or inability to act as said presi- 
dent, said board may appoint a president pro tempore from their 
number. 

§ 5. The annual election of members of the board of education 
shall be on the third Saturday in April, when one-third of the mem- 
bers shall be elected for three years, and until their successors are 
elected and qualified, 

§ 6. Notice of such election shall be given by the board of educa- 
tion at least ten days previous to such election by posting notices in 
at least three of the most public places in said district, which shall 
specify the place where such election is to be held, the time of open- 
ing and closing the polls and the purpose for which such election is 
held, which notice may be in the following form, to-wit: 

Public notice is given hereby, that on Saturday, the day of April, 

A. D , an election will be held at between the 

hours of and of said day, for the purpose of electing a presi- 
dent of the board of education of district No township No 

range No , and members of the board of education of said 

district . 

Dated this day of , A. D 

A B , President. 

C D , Clerk, 



84 

1. The law provides the time when the election shall be held, and requires 
the president and clerk of the board to give ten days' notice of the election, 
which shall specify the place of holding the election and the time of opening 
and closing the polls, but the board of education is not required to make an 
order providing for the election. An order providing for an election passed 
by less than a quorum does not render an election void, as the law fixes the 
date of the election. All that seems necessary ie for the president and clerk 
in their official capacity to give proper notice. AcTcerman v. Haenek, 147-514. 

2. Notice of all elections shall be giVen, and such notices shall specify the 
place where such election shall be held and the time of opening and closing 
the polls. It is within the power of the board, acting through its president 
and clerk, to prescribe such reasonable time for the opening and closing of 
the polls as may best suit the convenience of the voters of the district. Ibid. 

3. The provisions of the statute as to the manner of conducting the details 
of an election are not mandatory, but directory, and irregularities in conduct- 
ing an election and counting the votes, not proceeding from any wrongful in- 
tent, and which deprive no legal voter of his vote and do not change the re- 
sult, will not vitiate the election. Ibid. 

§ 7. In case of a failure to give the notice above provided for, 
such election may be held on any Saturday after such notice has 
been given as aforesaid. 

§ 8. Such election shall be conducted in the same manner, and 
be governed by the provisions of this act relating to the election of 
boards of directors, except as otherwise provided by law. 

§ 9. At the first election of directors succeeding the passage of 
this act, in any district having a population of not less than one 
thousand (1,000) inhabitants by the census of 1880, and in such 
other districts as may hereafter be ascertained by any special or gen- 
eral census to have a population of not less than one thousand inhab- 
itants, at the first election of directors occurring after taking such 
special or general census, there shall be elected a board of education, 
who shall be the successors of the directors of the district; and all 
rights of property and all rights or causes of action existing or vested 
in such directors, shall vest in said board of education, in as full and 
complete a manner as was vested in the school directors. Such 
board, at its first meeting, shall fix by lot, the term of office of its 
members so that one-third of them shall serve for one year, one-third 
for two years and one- third for three years, and thereafter one third 
shall be elected annually on the third Saturday in April, to fill the 
vacancies occurring, and to serve for the term of three years. 

1, This section has no application to the election of a board of education 
in a newly formed district, but provides only for a change from a board of 
directors to a board of education. People v. Keechler, 194-235. 

§ 10. The board of education shall have all the powers of school 
directors; and, in addition thereto and inclusive thereof, they shall 
have the power and it shall be their duty — 

First — To establish and support free schools not less than six nor 
more than ten months in each year. 

Second — To repair and improve school houses, and furnish them 
with the necessary fixtures, furniture, apparatus, libraries and fuel. 



85 

T^iVd— To examine teachers as supplemental to any other exami- 
nation, to employ teachers and to fix the amount of their salaries. 
(As amended by act approved June 19, 1898.) 

1. Tbe examination herein provided for is as to the qualification of the ap- 
plicant in respect of ability, competency and character, to take charge of and 
teach a school in the district, and the board of education has the right to ex- 
amine and determine whether or not the applicant is qualified. In this con- 
nection see Kuenster v. Board of Education, 31A-386. 

Fourth — To establish schools of different grades, and make regu- 
lations for the admission of pupils into the same. 

1. Under the law, boards of education have the right, power and authority 
to adopt reasonable rules and regulations in regard to the admission of per- 
sons over six years of age, which may operate to prevent such persons from 
entering school immediately after arriving at the age of six years. Board of 
Education v. Bolton, 85A-92. 

2. In the exercise of these powers, the rules and orders made by the board 
of education must not be unreasonable, or such as to defeat the wise and 
beneficent purposes of the school law, and if reasonable, necessary, and such 
as will best afford to all the children in their district, entitled to attend pub- 
lie schools, an opportunity to receive the benefits of proper instruction, such 
reasonable and necessary rules and orders should be sustained by the courts. 
People V. Board of Education, 26A-476. 

Fifth —To buy or lease sites for school houses, with the necessary 
grounds: Provided, it shall not be lawful for such board of educa- 
tion to purchase or locate a school house site, or to purchase, build 
or move a school house, unless authorized by a majority of all voters 
voting at an election called for such purpose in pursuance of a peti- 
tion signed by not less than five hundred legal voters of such district, 
or by one-fifth of all the legal voters of such district. 

1. It is made unlawful for a board of education to build a school house ex- 
cept upon petition of a majority of the voters of the district. Its power to 
build being thus limited, it follows, necessarily, that its power to employ 
others to build school houses is subject to the same limitation. Board of 
Education v. Boeher, 23A-629. 

2. It is a mistake to suppose that the statute, in terms, vests the board of 
education with all the powers exercised by a board of directors. The powers 
of both these boards are precisely defined and limited by statute. To hold 
that a board of education may build a school house upon the authority of a 
vote of tie electors of the district, without any petition, as a board of direc- 
tors might have done, would be directly in the teeth of the statute which ex- 
pressly declares that the board of education shall not build a sohool house 
without a petition of a majority of the voters of the district. Ibid. 

Sixth — To levy a tax, annually, upon the taxable property of the 
district, in the manner provided in article 8 of this act, for the 
purpose of supporting and maintaiaiug free schools in accordance 
with the powers herein conferred: Provided, that it shall not be 
lawful for such board of education to levy a tax to extend schools be- 
yond a period of ten months in each year, except upon petition of a 
majority of the voters of the district: And, provided further, that 
all taxes shall be levied under the limitations relating to the per- 
centage of the assessment, as provided by section 1, article 8 of 
this act. 



86 

Seventh — To employ, should they deem it expedient, a competent 
and discreet person or persons as superintendent or superintendents 
of schools, and fix and pay a proper salary or salaries therefor; and 
such superintendent may be required to act as principal or teacher 
in such schools. 

Eighth— To lay off and divide the district into sub-districts, and 
from time to time alter the same, create new ones and consolidate 
them. 

Ninth— To visit all the public schools as often as once a month to 
inquire into the proofress of scholars and the government of the 
schools. 

Tenth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are main- 
tained and pursued in the proper manner. 

Eleventh — To expel any pupil who may be guilty of gross disobe- 
dience or misconduct. No action shall lie against them for such 
expulsion. 

Twelfth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from any 
cause, the interests of the schools may, in their opinion, require 
such removal or dismissal. 

1. The causes for removal and dismissal mentioned in this clause, are made 
to depend on the opinion of the board of education, and to emphasize such 
fact the phi ase in their opinion, is used twice in the alternatives mentioned 
in the statutes. When the teacher is dismissed and the reason therefor 
springs out of his own conduct, and the directors so charge, it is essential 
that some other person than the contracting parties should be arbiters in the 
matter; but when the dismissal is dependent on a cause that the board of ed- 
eation in their opinion may entertam, the teacher has no remedy in case of 
dismissal, at least as long as the board of education exercises the power in 
good faith. Board of Education v. Stotlar, 95A-250. 

2. The teacher stands precisely in the position that he would have stood 
in had he made a contract to teach as long as his services were satisfactory 
to the board of education. This clause uses the words dismissal and removal. 
The word removal implies some personal dereliction of duty. The word dis- 
missal means termination, from whatever cause. Ibid. 

3. Where a contract does not provide by its terms that a board of educa- 
tion would be discharged from compliance with its terms by reason of the de- 
struction of the school house, the discharge of either party to the contract 
would not result as a matter of law because of the destruction of such build- 
ing. Neither would the board of education be discharged from liability on 
its contract by reason of the destruction of the school house, and its inability 
to secure another building. If it had been desired to discharge either party 
from the contract for such cause, the contract should have so provided. 
Corn V. Board of Education, 39A-446. 

Thirteenth — To apportion the scholars to the several schools. 

Fourteenth — To establish and promulgate all such by-laws, rules 
and regulations for the government and the establishment and main- 
tenance of a proper and uniform system of discipline in the several 
schools as may, in their opinion, be necessary. 



87 

Fifteenth — To take charge of the school houses, furniture, grounds 
and other property belonging to the district, and see that the same 
are kept in good condition, and not suflPered to be unnecessarily in- 
jured or deteriorated. 

Sixteenth — To provide fuel and such other necessaries for the 
schools as, in their opinion, may be required in the school houses, or 
other property belonging to or under the control of the district. 

Seventeenth — To appoint a secretary and provide well-bound books 
at the expense of the school tax fund, in which shall be kept a faith- 
ful record of all their proceedings. 

Eighteenth — To annually prepare and publish in some newspaper, 
or in pamphlet form, a report of the number of pupils instructed in 
the year preceding, the several branches of study pursued by them, 
of the number of persons between the ages of twelve and twenty-one 
unable to read and write, and the receipts and expenditures of each 
school, specifying the source of such receipts and the objects of such 
expenditures. 

§ 11. In all questions involving the expenditure of money, the 
yeas and nays shall be taken and entered on the records of the pro- 
ceedings of the board. 

§ 12. None of the powers herein conferred upon boards of educa- 
tion shall be exercised by them, except at a regular or special meet- 
ing of the board. 

§ 18. All conveyances of real estate shall be made to the town- 
ship trustees in trust for the use of schools, and no conveyance of 
any real estate or interest therein used for school purposes, or held 
in trust for schools, shall be made, except by the board of trustees, 
upon the written request of such board of education. 

§ 14:. All money raised by taxation for school purposes, or re- 
ceived from the State common school fund, or from any other source 
for school purposes, shall be held by the township treasurer as a spe- 
cial fund for school purposes, subject to the order of the board of 
education, upon warrants signed by the president and secretary 
thereof, 

§ 15. Any city, incorporated town, township or district in which 
free schools are now managed under any special act, may, by vote of 
its electors, cease to control such schools under such special act, and 
become part of the school township in which it is situated, and sub- 
ject to the control of the trustees thereof, under and according to 
the provisions of this act. 

Upon petition of fifty voters of such city, town, township or dis- 
trict, presented to the board having control and management of 
schools in such city, town, townsLiip or district, it shall be the duty 
of such board, at the next ensuing election to be held in such city, 
town, township or district, to cause to be submitted to the voters 
thereof, giving not less than fifteen days' notice thereof, by posting 



not less than five notices in the most public places in such city, town, 
township or district, the question of "Organization under the Free 
School Law;" which notice shall be in the following form, to- wit: 

Public notice is hereby given that on the day of A. D. 

V an election will be held at between the hours of 

M. and M. of said day for the purpose of deciding the question of 

*' Organization under the Free School Law." 

§ 16. If it shall appear on a canvass of the returns of such elec- 
tion, that a majority of the votes cast at such election are " For Or- 
ganization under the Free School Law." then at the next ensuing 
regular meeting of the board of trustees of the township or town- 
ships in which such city, incorporated town, township or district is 
situated, said trustees shall proceed to redistrict the township or 
townships as aforesaid, in such manner as shall suit the wishes and 
convenience of a majority of the inhabitants in their respective 
townships, and to make a division of funds and other property in the 
manner provided for by section 63 of article 8 of thi=3 act, and on 
any Saturday thereafter there shall be elected, in each of the new 
districts so formed, a director, directors or board of education, as the 
case may be, in the manner provided for in section 6 of article 5 of 
this act, and thereafter such districts shall proceed as other districts 
under this act, but all subsequent elections of directors or boards of 
education shall be conducted as provided in sections 5 and 8 of ar- 
ticle 5 of this act. 

1. It will be seen on examination that article 6 of the school law relates to 
school districts in incorporated cities, towns and villages, and provides for 
their organization and government in a manner, in certain respects, peculiar 
to themselves, it declares that all such school districts, except those existingun- 
der special acts, shall remain parts of the school townships in which they are 
respectively situated, and subject to the general provisions of the law applic- 
able to such townships, but provides for their government by boards of edu- 
cation instead of school directors. Sections 15 and 16 of said article relate to 
districts existing under special acts, and provide a mode by which those dis- 
tricts may abandon their special organization and become re-organized under 
the general law. People v. Uicker, 142-650. 

2, It is plain that these sections govern in all proceedings by districts or- 
ganized under special charters to abandon their organization and become or- 
ganized under the general law. They prescribe the mode by which such re- 
organization shall be effected, and the conditions upon which the township 
trustees may acquire jurisdiction to redistrict their townships. Upon petition 
of 50 voters of the district, it becomes the duty of the board of education, or 
other district authorities, as to which they have no discretion, to submit the 
question to the voters of the district, and their yote being in favor of such organ- 
ization under the general law, the trustees are not only empowered, but it 
becomes their imperative duty to re-district their township, the only limita- 
tion upon their power in that behalf being that the re-districting shall be 
made in such manner as shall suit the wishes and convenience of a major- 
ity of the inhabitants of the township. Ibid, 

[■ 3. Nopetitionof the citizens of the township, or of the districts to be affected, 
is required, the authority of the trustees to act being based solely upon the re- 
sult of the election held in the district existing under the special act upon the 
question of organization under the general law. No mode is prescribed by 
which the trustees may ascertain the wishes or convenience of a majority of 
the inhabitants of the township, and it necessarily follows tiaat those matters 
are left to their officiial judgment and discretion. Ibid. 



89 

4. The provisions of sections 47 and 48 of article 3 have no application. 
Tliey clearly relate to a different subject matter. Section 46, article 3, pro- 
vides that, in case of newly organized townships, the trustees of schools shall 
lay the township off into one or more school districts, to suit the wishes or 
convenience of a maj:irity of the inhabitants of the township. Section 47 
then provides that, where such division of a township into districts has been 
made, the trustees may, in their discretion, at their regular April meeting, 
when petitioned as provided in section 48, change such districts as lie wholly 
within their townships. Ibid. 

5. Sections 47 and 48 of article 3, clearly relate to those ordinary changes 
in the school districts of a township already fully organized under the school 
law which from time to time become necessary in order to meet the wishes or 
convenience of the inhabitants of the various districts, but they have nothing 
to do either with the original organization of the township into school dis- 
tricts or to the re-organization which becomes necessary when a portion of 
the township previously organized into a district under a special act, aband- 
ons its special organization and becomes, for the first time, for school pur- 
poses, a part of the township. Ibid. In this connection see People v. Board 
0} Education, 166 388. 

§ 17. In cities having a population exceeding 100,000 inhabitants, 
from and after this act shall take effect, the board of education shall 
cocsist of 21 members, to be app iuted by the mayor, by and with 
the advice and consent of the common council, seven of whom shall 
be appointed for the term of one year, seven for the term of two 
years, and seven for the term of three years: Provided, Jioioever, 
That in such cities wherein there is now a board of education, hold- 
ing their office by appointment, such officers shall continue in office 
until the time at which their terms would have expired under the 
law in force at the time of their appointment. At the expiration of 
the term of any members of said board, their successors shall be ap- 
pointed in like manner and shall hold their office for the term of 
three years. Any vacancy which may occur shall be filled by the 
appointment of the mayor with the approval of the common 
council, for the unexpired term: And, provided further. That 
from and after this act shall take effect there shall be appointed by 
the mayor, by and with the advice aud consent of the common coun- 
cil, six members, two of whom shall be appointed for the term of one 
years, two for the term of two years, and two for the term of three 
years, (As amended by act approved June 22, 1891.) 

1. The statutes in force have committed all the public schools in the city 
of Chicago to the control and management of the city board of education, 
and the instant any territory becomes part of the city, all public schools 
within that territory fall under the jurisdiction of said board, not by force of 
any express provisions of the annexation law, but by force of the existing stat- 
ute which has committed all schools in the city to the jurisdiction of said 
board. McGurn v. Board oj Education, 133-122; Cravencr v. Board oj Educa- 
tion, 133-145. 

2. In cities of the class to which Chicago belongs, the entire supervision 
and control over all the public schools of the city is, by the provisions of the 
school law, committed to the board of education of the city. This jurisdic- 
tion is necessarily exclusive. It follows that whenever territory in which 
there is an organized school district and one or more public schools is an- 
nexed and thereby brought into the city, the jurisdiction of the board of edu- 
cation immediately attaches. Ibid. 

3. The transfer of school property to the city of Chicago does not divest the 
inhabitants of the school districts and school township annexed of their vested 
rights in said property, and particularly in the fund arising from the sale of 



90 

portions of school section 16, The law expressly preserves all trusts with 
which that fund and the other school property was impressed while held by the 
districts and township and their officers, the only change effected, being a 
change of trustee or custodian. To such change there is no constitutional 
objection. McGurn v. Board of Education, 133-122. 

4. The guaranty of the Constitution is that all lands, moneys, or other 
property, donated, granted or received for school, college, seminary or uni- 
versity purposes, and the proceeds thereof, shall be faithfully applied to the 
objects for which such gifts or grants were made. The grant of the sixteenth 
section to the State is for the use of the inhabitants of the townships for the 
use of schools. It would be difficult to point out anything in either of these 
provisions preventing the control of schools in one township being taken 
from a board in that township and vested in a board in another township. 
Ciavener v. Board 0/ Eduation, 133-145. 

5. It appears that the board of education is a corporation or quasi corpo- 
ration created, woiews voiews, by the general law of the State to aid in the 
administration of the State government, and, charged as such, purely gov- 
ernmental in character. It owns no property, has no private interests, and 
derives no special benefits from its corporate acts. It is simply an agency of 
the State, having existence for the sole purpose of performing certain duties, 
deemed necessary to the maintenance of an efficient system of free schools, 
within the particular locality in its jurisdiction. Kinnare v. City of Chicaqi, 
171-332. 

6. A board of education erecting a school building in pursuance of the 
duties imposed upon it by statute, being merely the agent of the State, can 
not be made to respond in damages, as master, for the negligent acts of 
workmen employed upon the building. Ibid. 

7. The General Assembly, by an enactment entirely distinct from the act 
under which the city became incorporated , selected the city as an agency of the 
State to aid in the general administration of the State government in the 
particular matter of providing a thorough system of free schools, in com- 
pliance with the requirements of the State Constitution. Ibid. 

8. The doctrine of respondeat superior does not apply, as between a city 
and workmen employed upon a school building being erected by the city and 
the board of education, where the city's connection with the work arises 
solely from its disinterested discharge of a public duty imposed, nolen volens, 
by general law, as, in such case, those employed on the building are the 
servants of the State, and not of the city. Ibid. Kennare v. City of Chicago, 
70A-10f) affirmed. 

9. When the city of Chicago was under its special charter, the board of 
education was one of the departments of the city government. The incorpo- 
ration of the city under the general law did not abrng.ite the provisions of 
its former special charter, under which the board of education existed as 
such department, nor are such provisions, or the former general laws relating 
to the board of education, repealed by implication by the city and village act, 
or the general school law of 1872, or their subsequent amendments, so as to 
change the status of the board as a municipal agency. Brenan v. Ihe Peop\e, 
176-620. 

10. The school law of 1872 did not create the board of education of the city of 
Chicago, but recognized its then present existence, and changed and enlarged,. 
in many respects, its powers and duties, bat continued, as did the subsequent 
apt of 1889, its dependence, in many important matters, upon the city coun- 
cil. It seems clear that the board of education is still connected with, 
dependent upon, and to some extent a part of, the municipal government of 
that city. Ibid. 

11. The board of education has sole power to investigate and determine 
charges against teachers and school employes involving their removal, but 
the civil service act of 1895 applies in all other respects, to offices and places 
of employment under such board. Ibid. 



91 

12. Tbe board of education of the city of Chicago is a public corporation^ 
created by legislative authority as an agency of the State for the purpose of 
maintaining public schools and school buildings within that subdivision of 
the State. J'or the purposes of that function it receives from the tax-payers 
and holds as a trustee the school fund, and is bound to administer it for the 
benefit of the beneficiaries of the trust. The tax- payers are in equity the 
owners of the fund, and the board can only hold and apply it to the legiti- 
mate purposes of the trust. The law is established, beyond doubt or contro- 
versy, that a bill to eujoin public officers so situated from misappropriating 
the fund in their charge is a proper remedy for a taxpayer. Courts of chan- 
cery will interfere to restrain such authorities from the misuse of the fund 
entrusted to them, or its appropriation to a purpose not warranted by law. 
Adams v. Brenan, 177-194. 

13. A board of education has no power to agree with the representatives 
of labor organizations to insert in all its contracts for work on school build- 
ings, a provision that none but union men should be employed in such work 
or placed on its pay-rolls. Such contract is a discrimination between differ- 
ent classes of citizens, and of such a nature as to restrict competition and to 
increase the cost of work. It is unquestionable, that if the Legislature 
should enact a statute containing the same provision as this contract in re- 
gard to any work to be done for boards of education, or if they should by 
statute undertake to require this board, as the agency of the State in the 
management of school affairs, to adopt such a rule or insert such a clause in 
its coutract-i, or should undertake to authorize it to do so, the provision 
would be absolutely null and void as in conflict with the Constitution. Ibid. 

14. There is no more reason or justification for such a contract than there 
would be tor a provision that no one should be employed except rnembers of 
some particular party or church. In any such case it might be said that the 
board entertained abona fide opinion that the members of some political party 
were more intelligent and better capable of performing the work, so that bet- 
ter results would be attained; or that the members of a church, on account of 
their higherstandardof morality, would more faithfully and conscientiously 
carry out the contract. The fact that the board may have been of the opinion 
that its action was for the benefit of the public, cannot afford a justification 
for limiting competition in bidders and requiring them to abandon the right 
to contract with whomsoever they may choose for the performance of the 
work. Ibid. 

15. The board of education may stipulate for the quality of material to be 
furnished and the degree of skill required in workmanship, but a provision 
that the work shall be done only by certain persons or classes of persons, 
members of certain societies, necessarily creates a monopoly in their favor. 
The effect of the provision is to limit competition by preventing contractors 
from employing any certain persons and by excluding therefrom all others 
engaged in the same work, and such a provision is illegal and void. A tax- 
payer may resist an attempted appropriation of his money in execution of 
such a contract. Ibid. 

16. A tax- payer may enjoin the expenditure of a school fund under a 
provision of a contract for a public school building requiring the employment 
of union men only, although neither the contractor nor excluded laborers com- 
plain. The failure of a bill to show that it was filed before work was 
begun under the contract, does not affect the complaining tax payer's right 
to relief, where the contract under which the expenditure is attempted i» 
against public law, which the contractor is bound to know. Ibid. 

17. No queston concerning the merits of labor or trades unions is in any 
way involved in this case. The right of organization for mutual benefit in all 
lawful ways is not denied. The question is, whether the board of education 
has a right to enter into a combination with such an organization for the 
expenditure of the tax-payers' money for the benefit of members of the 
organization, and to exclude any portion of the citizens following lawful 
trades and occupations from the right to labor. It has no such right. Ibid.. 



92 

§ 18. Any person having resided in any such city more than five 
years next preceding his appointment, shall be eligible to member- 
ship of such board of education. 

§ 19. The said board of education shall appoint a president and 
secretary, the president to be appointed from their own number, and 
shall appoint such other officers and employ6s as such board shall 
deem necessary, and shall prescribe their duties and compensation 
and terms of office. 

§ 20. The said board shall provide well bound books, at the ex- 
penses of the school tax fund, in which shall be kept a faithful record 
of all their proceedings. The yeas and nays shall be taken and en- 
tered on the records of the proceedings of the board upon all ques- 
tions involving the expenditure of money. 

§ 21. The said board of education shall have charge and control 
of the public schools in such cities, and shall have power, with the 
concurrence of the city council — 

i^^'rs/— To erect or purchase buildings suitable for school houses, 
and keep the same in repair. 

1. The board of education, with the concurrence of the common council, 
has power to erect school houses, and it is to be assumed the connection of 
the city with the construction of such buildings, is only such as arise out of 
the authority and power vested in the city by the provisions of this section. 
The erection of a school building: is of no benefit to the city as a municipal- 
ity, and whatever connection it has with the board of education in the 
mattpr of construction of a building is simply for the purpose of discharging 
a public duty cast upon it by the law making power of the State. That duty 
is governmental in its character. It is performed in obedience to a statute 
which was enacted because it was deemed expedient by the Legislature, in 
the distribution of the powers of the government, to require the city, nolens 
volens, to perform a public service in which the city, as a corporation, had 
no interest. Kinnare v. City of Chicago, 171-332. 

Second — To buy or lease sites for school houses with the necessary 
grounds. If said board of education shall be unable to agree with 
the owner or owners for the purchase of such site, then, with the 
concurrence of the city council, it may acquire the title to said site 
in the manner that may be now or hereafter provided for by any law of 
eminent domain. Such proceedings to condemn shall be in the 
name of said city in trust for the use of the schools. (As amended 
by an act approved April 22, 1899) 

Third — To issue bonds for the purpose of building, furnishing and 
repairing school houses, for purchasing sites for the same, and to 
provide for the payment of said bonds; to borrow money for school 
purposes upon the credit of the city. 

§ 22. The said board of education shall have power — 

First — To furnish schools with the necessary fixtures, furniture 
and apparatus. 

Second — To maintain, support and establish schools and supply 
the inadaquaoy of the school funds for the salaries of school teachers 
from school taxes. 



93 

Ihird — To hire buildiugs or rooms for the use of the board. 

Fourth — To hire buildings or rooms for the use of schools. 

Fifth — To employ teachers and fix the amount of their compen- 
sation. 

Sixth — To prescribe the school books to be used, and the studies 
in the different schools. 

Seventh — To lay off and divide the city into school districts, and 
from time to time alter the same and create new ones, as circum- 
stances may require, and generally to have and possess all the rights, 
powers and authority required for the proper management of schools, 
with power to enact such ordinances, as may be deemed necessary 
and expedient for such purpose. 

Eighth — To expel any pupil who may be guilty of gross disobedi- 
ence or misconduct. 

Ninth — To dismiss and remove any teacher whenever, in their 
' opinion, he or she is not qualified to teach, or whenever, from any 
cause, the interests of the school may, in their opinion, require such 
removal or dismission. 

Tenth — To apportion the scholars to the several schools. 

Eleventh — To lease school property, and to loan moneys belonging 
to the school fund. 

Twelfth — To grant the use of assembly halls and class rooms when 
not otherwise needed, including light, heat and attendants, for pub- 
lic lectures, concerts and other educational and social interests free 
of cost, but under such provisions and control as they may see fit to 
impose. (As amended by an act approved May 13, 1903.) 

§ 23. It shall be the duty of such board of education — 

First — To take the entire superintendence and control of the 
schools in such cities. 

Second — To examine all persons offering themselves as candidates 
for teachers, and when found well qualified to give them certificates 
gratuitously. 

Third — To visit all the public schools as often as once a month. 

Fourth — To establish all such by-laws, rules and regulations for 
the government and for the establishment and maintenance of a 
proper and uniform system of discipline in the several schools as 
may, in their opinion, be necessary. 

Fifth — To determine from time to time how many and what class 
of teachers may be employed in each of the public schools, and em- 
ploy such teachers and fix their compensation. 

Sixth — To take charge of the school houses, furniture, grounds 
and other property belonging to the school districts, and see that 
the same are kept in good condition and not suffered to be unneces- 
sarily injured or deteriorated. 



94 

Seventh — To provide fuel and such other necessaries for the 
schools as, in their opinion, may be required in the school houses, or 
other property belonging to the said districts. 

Eighth — To inquire into the progress of scholars and the govern- 
ment of the schools. 

Ninth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are main- 
tained and pursued in the proper manner. 

Tenth — To prescribe what studies shall be taught, and what books 
and apparatus shall be used. 

Eleventh — To report to the city council, from time to time, any 
suggestions they may deem expedient or requisite in relation to the 
schools and the school fund, or the management thereof, and gener- 
ally to recommend the establishment of new schools and districts. 

Twelfth —To prepare and publish an annual report, which shall in- 
clude the receipts and expenditures of each school, specifying the 
source of such receipts and the object of such expenditures. 

Thirteenth — To communicate to the city council, from time to 
time, such information within their possession as may be required. 

§ 24. None of the powers herein conferred upon the board of ed- 
ucation of such cities shall be exercised by them except at a regular 
meeting of such board. 

§ 25. All conveyances of real estate shall be made to, and the title 
of all such as shall be acquired by condemnation shall rest in the city 
in trust for the use of the schools, and no sale of real estate or in- 
terest therein used for school purposes or held in trust for schools 
shall be made, except by the city council upon the written request 
of such board of education. (As amended by act approved April 22, 
1899.) 

1. It seems clear, from all the legislation on the subject, it was the inten- 
tion of the Legislature that the city, in cities having over 100,000 inhabitants, 
should have the title to all real estate held for school purpose, and the city treas- 
urer should have the custody of all school funds, no matter from what source 
derived. The board of education in such cities is given no independent 
powers as to the real estate held or to be purchased for school purposes. 
Whatever the board can do in reference to buying or leasing sites for school 
houses, or issuing bonds for the erection of buildings thereon, can only be 
done with the concurrence of the common council. People v. Boche, 124-9. 

2. The powers and duties the board may exercise, independently of the 
common council, relate mostly to furnishing school houses, the employment 
of teachers, and the management of schools generally. But all school prop- 
erty and funds are placed in and under the care of the common council or 
some city officer. There is no express provision of the law that authorizes 
the board of education to take to itself the conveyance of any real estate, for 
the purpose of holding the title as an actual owner might do, nor is there any 
express statute giving the board authority to hold the title to real estate by 
way of pledge or security for the payment of indebtedness, and if they have 
any such power, it must arise, by implication, from other powers expressly 
conferred. Ibid. 

3. As respects the sale of real estate held for school purposes, the statute 
is so plain it admits of no construction. It can only be sold on two express 



95 

conditions, — first, the sale must be made by the common council; and second, 
it must be made by the council on the written request of the board of 
education. In case it is necessary to take a mortgage to secure any portion 
of the purchase money, the statute is silent as to what corporate body it shall 
be made. Ibid. 

4, Ordinarily it is the vendor that takes the mortgage to himself, to secure 
the unpaid purchase money, and following the custom that prevails with pri- 
vate individuals in this respect, it would seem the corporate body authorized 
by law to eonvey school property should take to itself the mortgage to secure 
the balance of the purchase money, if any remain unpaid. It would be 
competent for the Legislature to provide, by statute, on the sale of school 
lands by the common council the mortgage to secure the upaid purchase 
money might be made to the board of education; but no provision has been 
made, by statute, for giving a mortgage in such cases to the board of edu- 
cation. Outside of statutory provisions, considerations of convenience would 
seem to require the mortgage should be given to the city. Ibid. 

§ 26. All moneys raised by taxation for school purposes or re- 
ceived from the State common school fund, or from any other source 
for school purposes, shall be held by the city treasurer as a special 
fund for school purposes, subject to the order of the board of educa- 
tion, upon warrants to be countersigned by the mayor and city 
comptroller, if there shall be any city comptroller appointed, if not 
then by the city clerk. (As amended by an act approved April 22, 
1899.) 

§ 27. Said board of education shall not add to the expenditures 
for school purposes anything over and above the amount that shall 
be received from the State common school fund, the rental of school 
lands or property, and the amount annually appropriated for such 
purposes. If said board shall so add to such expenditure the city 
shall not, in any case, be liable therefor. And nothing herein con- 
tained shall be construed so as to authorize any such board of educa- 
tion to levy or collect any tax upon the demand, or under the direc- 
tion of such board of education. 

§ 28. All schools in such cities shall be goveraed as hereinbefore 
stated and no power given to the board of education shall be exer- 
cised by the city council of such city. 

§ 29. Boards of education in all cities having but one board ex- 
ercising jurisdiction over the schools of the district of which said city 
may be a whole or part and having a population exceeding 30,000 
and not exceeding 100,000 inhabitants as shown by the last preced- 
ing federal or school census, shall have power to examine all persons 
offering themselves as candidates for teachers, and when found well 
qualified to give them certificates. Any such certficate shall be held 
to authorize the teacher having the same to teach only in the schools 
of such district and to entitle such teacher to receive compensation 
therefor from the public school fund. The examination herein pro- 
vided for shall in every case extend to and include all the branches 
enumerated in the examination now, or which shall be hereafter 
required by general law to be given by county superintendents, and 
shall not be construed so as to dispense with the teaching in the 
public schools of this State of any study which is now or may 
hereafter be prescribed by general law. Every applicant for a 



96 

teacher's certificate shall pay to the board of education the fees which 
may be required to be paid to the county superintendents by general 
law, and the said board shall transmit the same monthly to the said 
county superintendents. 

Aetiole VII. 

TEACHERS. 

Section 1. No teacher shall be authorized to teach a common 
school under the provisions of this act who is not of good moral char- 
acter, at least 18 years of age, if a male, or 17 years of age, if a 
female, and who does not possess a certificate of qualifications as 
hereinafter provided for: Provided, That in any county in which 
a county normal school is established, under the control of a county 
board of education, the diplomas of graduates in said normal school 
shall, when directed by said board, be taken by the county superin- 
tendent as sufficient evidence of qualification to entitle the holder to 
a first grade certificate; but such diplomas shall not be sufficient 
after two years from such graduation. 

§ 2. The State Superintendent of Public Instruction is hereby 
authorized to grant State certificates to such teachers as may be found 
worthy to receive them; such certificates shall be of two grades, and 
both shall be valid in every county and school district in the State. 
The higher grade shall be valid during the lifetime of the holder, and 
the lower grade shall be valid for five years. But State certificates 
shall only be granted upon public examination, of which due notice 
shall be given, in such branches and upon such terms and by such 
examiners as the State superintendent and the principals of the 
State universities may prescribe. Said certificates may be revoked 
by the State superintendent upon proof of immoral or unprofes- 
sional conduct. (As amended by an act approved April 28, 1893.) 

§ 8. It shall be the duty of the county superintendent to grant 
certificates to such persons as may, upon due examination, be found 
qualified. Said certificates shall be of two grades; those of the first 
grade shall be valid in the county for two years, and shall certify 
that the person to whom such certificate is given is of good moral 
character and is qualified to teach orthography, reading in English, 
penmanship, arithmetic, English grammar, modern geography, the 
elements of natural sciences, the history of the United States, 
physiology and the laws of health. Certificates of the second grade 
shall be valid for one year, and shall certify that the person to whom 
such certificate is given, is of good moral character, and is qualified 
to teach orthography, reading in English, penmanship, arithmetic 
English grammar, modern geography and the history of the United 
States: Provided, That teachers exclusively teaching music, draw- 
ing, penmanship, book-keeping, German or any other special study 
shall not be required to be examined except in reference to such 
special study; and in such cases it shall not be lawful to employ 
such teachers to teach any branch of study except such as they have 



97 

been examined upon and which shall be stated in the certificates. 
The county superintendent may, in his option, renew said certificates 
at their expiration by his endorsement thereon and may revoke the 
same at any time for immorality, incompetency or other just cause. 
Said certificates may be in the following form, viz: 

, IlUnois, A. D. , 

The undersigned having examined in orthography, reading 

in Enghsh, penmanship, arithmetic, English grammar, modern geography, 
the history of the United States, and methods of teaching, and being satisfied 

that is of good moral character, hereby certifies that 

qualifications in the above branches are such as to entitle to this 

certificate, being of the grade, and valid in said county for 

•.- year. . . . from the date hereof, renewable at the option of the 

county superintendent by his endorsement thereon. 

Given under my hand and seal at the date aforesaid. 

A. B., 
County Superintendent 0} Schools. 
(As amended by an act approved June 21, 1895.) 

1. A certificate of qualification, obtained from the county superintendent, is 
prima Jacie evidence of the fact of his competency to teach. Where a teacher 
is discharged for incompetency, it devolves upon the directors to show the 
want of qualification. The law does not require the highest possible qualifi- 
cations, or a talent for his profession equal to the most eminent and successful 
teachers. It requires only average qualification and ability, and the usual 
application to the dischage of the duties of a teacher, to fulfil) his contract. 
Neville v. School Directors, 3G 71. 

2. A certificate is prima facie evidence of qualification. It cannot be im- 
peached, although it may be overcome by proof of incompetency. Neither 
can it be properly shown that for any particular certificate, the teacher was 
examined by the county superintendent. If the county superintendent had 
previously examined him and thereupon given him a certificate, a renewal 
does not require another axamination. Boyle v. Scheol Directors, 36A-G53. 

3. Where a contract was dated May 10th, but not consummated until July or 
August, it was not entered into until that time. All prior propositions were 
superseded by the written agreement. The date appearing on the face of a 
contract is not conclusive even against the parties to it. Holding a teacher's 
certificate at the time of accepting their proposition and contracting with 
them in writing, the contract is valid and binding on the directors, and in 
discharging the teacher without cause they become liable for the amount of 
wages according to contract, unless it be shown that such teacher could have 
procured work of a similar character. And to show this fact is incumbent 
on the directors to reduce the amount to be recovered. School District v 
Stilley, 36A-133. 

4. The statute provides that no teacher shall be authorized to teach a com- 
naon school, who doea not possess a certificate as required by this section. It 
is made the duty of the county superintendent to grant certificates to such 
persons as may upon due examination, be found qualified, and it is provided 
that he shall certify that the person to whom such certificate is given is quali- 
fied to teach the enumerated branches. School District v. Sterricker, 8(5-596. 

5. While the statute imposes no duty to give to any one a certificate, ex- 
cept to a person found qualified upon due examination, yet the statute does 
not require the certificate to state upon its face what the examination was, or 
that such examination was had. The statute requires the certificate to state 
that the person to whom the certificate is given is qualified to teach the 
branches enumerated. Ibid. 

-7 S 



98 



(j. A certificate is not invalid for want of conformity to the form furnished 
in the statute. The statute prescribes what fact the certificate must state, 
and then adds, that the certificate may be drawn in a ariven form. The word 
may in this case was not intended to be interpreted must. The certificate is 
in the nature of a commission, and cannot be attacked coUaterly. Ihid. 

§ 4, Each county superintendeDt shall also keep a record, in a 
book provided for that purpose, of all teachers to whom he grants 
certificates. Said record shall show the date and grade of each cer- 
tificate and all renewals granted, and the name, age and nativity of 
each teacher; and shall give the names of male and female teachers 
separately. Said record may be as follows, viz.: 



Name. 


Age. 


Nativity 


Date. 


Grade. 


Experience. 


Graduated. 


Chas. Thompson. 


25 


Illinois.. 


Mar. 1,1888 


1 


Has taught 5 
years 


State Normal University 



§ 5. No teacher shall be entitled to any portion of the common 
school or township fund, or other public fund, or be employed to 
teach any school under the provisions of this act, who shall not, at 
the time he enters upon his duties as such teacher, have a certificate 
of t[ualification obtained under the provisions of this act from the 
superintendent of the State, or the county superintendent of the 
county in which the school is located, entitling him to teach. (As 
amended by act approved June 19, 1898.) 

1. Prior to July 1, 1893, the statute provided that no teacher should be en- 
titled to any portion of the school fund or be employed to teach who had not, 
at the time of the employment, a certificate of qualification, but the amend- 
ment in force on the day mentioned, it is sufficient that the teacher shall 
have the certificate act the time he enters upon his duties as such teacher. 
JPoUard v. School District, 65A-104; School Directors v. Orr, 88A-648. 

2. By this section of the statute, the possession by the teacher at the time 
Hie enters upon his duties as such teacher, of a legal certificate of qualifica- 
tion, is made a condition precedent to his right to receive any portion of the 
public money for his services, and the facts necessary to constitute a com- 
pliance with the statute in this respect must be distinctly and affirmatively 
alleged in a declaration to recover for the services of a teacher, or to recover 
damages from the school district for the breach of a contract to teach. 
Stanhope v. School Directors, 42A-570. 

3. A school district created by virtue of any special act, is a common 
school district. The public schools taught in it are common schools, and 
there is no reason why the general law of the State for the securing of com- 
petent teachers for the common schools, and providing for the examination 
of such teachers, and their being found qualified by the county superinten- 
dent of schools, should not apply to the common schools of such district as 
well as to the other common schools of the State. Unless the board of direc- 
tors or board of education of such school district is, in express terms, vested 
with the power to examine its teachers and grant them certificates, no teacher 
may be employed, or receive any part of the school fund, who does not pos- 
sess the qualifications required by the general law. Board of Education v. 
Arnold, 112-11. 

§ 6. Every school established under the provisions of this act 
shall be for instruction in the branches of education prescribed in 



99 

the qualifications for teachers, and in such other branches, including 
vocal music and drawing, as the directors, or the voters of the dis- 
trict at the annual election of directors may prescribe. 

1. Power is expressly given to directors to order that other branches than 
those enumerated, may be taught in the common schools, and by another 
section, they are given discretion to say what those branches of study shall 
be. The medium of instruction in all schools established or to be established 
under existing laws shall be the English language, but there has been no in- 
tention expressed, in any legislation respecting schools, to inhibit the teach- 
ing of the modern languages in such schools. Powell v. Board o4 Education. 
97-375. " 

§ 7. It shall be the duty of the county superintendent to hold 
meetings, at least quarterly, and oftener, if necessary, for the exam- 
ination of teachers, on such days and in such places in the respective 
counties, as will, in their opinion, accommodate the greatest number 
of persons desiring such examination. Notice of such meetings shall 
be published a sufficient length of time, in at least one newspaper of 
general circulation, the expense of such publication to be paid out 
of the school fund. 

§ 8. The county superintendent shall in all cases require the pay- 
ment of a fee of one dollar from every applicant for examination for 
a teacher's certificate, and for each renewal of such a certificate he 
shall require the payment of a fee of one dollar. 

§ 9. All moneys so received from applicants for teachers' certifi- 
cates, and from the registration fees hereinafter provided for, the 
said county superintendent shall transmit monthly to the county 
treasurer, to be by him held and designated as the institute fund, 
and with such fund the county superintendent shall give the treasurer 
a list of the names of the persons paying such fees. Said fund shall 
be paid out by the county treasurer only upon the order of the county 
superintendent, and only to defray the expenses of the teachers' in- 
stitutes, which the county superintendent is, by the following sec- 
tions, authorized to hold, The county superintendent shall take 
vouchers for all payments made out of the institute fund, and he 
shall render an account of such disbursements, with vouchers for the 
same, to the county board at their regular meeting in September 
annually. 

§ 10. The county superintendent shall hold, annually, a teachers' 
institute, continuing in session not less than five days, for the in- 
struction of teachers and those who may desire to teach; and, with 
the concurrence of the State Superintendent of Public Instruction, 
procure such assistance as may be necessary to conduct said institute 
at such time as the schools of the county are generally closed: Pro- 
vided, that two or more adjoining counties may hold an institute 
together. At every such institute instruction shall be free to such 
as hold certificates good in the county (or counties where two or 
more join to hold an institute) in which the institute is held; but the 
county superintendent shall require all others attending to pay him 
a registration fee of one dollar, except those who have paid him an 
examination fee as required by section 8 of this article, and failed to 
receive a certificate. 



100 

§ 11. The time not exceediDg three days in any one term, or five 
days in any one school year, during term time, actually spent by a 
teacher of any public school in this State in attendance upon a 
teachers' institute, held under the direction of the county superin- 
tendent of schools, shall be considered time lawfully expended by 
such teacher in the service of the district where such teacher is em- 
ployed, and no deduction of wages shall be made for such absences. 
And it shall be the duty of the school oflficers and boards of educa- 
tion to allow teachers to close their schools for such attendance upon 
such institute. 

§ 12. It shall be the duty of every teacher employed in the public 
schools of the State to see that the school property of the district, 
placed under his care and control, is not unnecessarily damaged or 
destroyed. And no teacher shall be paid any part of the school 
funds, unless he shall have kept and furnished schedules (when re- 
quired by law) as hereinafter directed, and shall also have satisfac- 
torily accounted for all books, apparatus and other property belong- 
ing to the district, which he may have taken in charge. 

§ 13. Teachers shall keep correct daily registers of their schools, 
which shall exhibit the name, age and attendance of each pupil, the 
day of the week, the month and the year. Said registers shall be, as 
nearly as may be, in the following form, the absence of each scholar 
being signified by a mark, the presence by a blank, viz, : 

Register of a common school keept by A. B., at in district 

No in township No range . .» of the principal 

meridian, in the county of in the State of Illinois. 



Names and Ages or Scholars ATTE>fD- 
iNQ School.! 



Names. 



John Smith 

Isaac Meisler — 
Sarah Danforth. 
Mary Newman .. 



Grand total No. of days 



Males. 



Females 



Total. 



Number of scholars. 



Averagre daily attendance 3.2 



101 

Said register shall be furnished to the teachers by the school di- 
rectors, and each teacher shall, at the end of his term of school, return 
his register to the clerk of the school board of the district. And no 
teacher shall be paid any part of the public funds unless he shall 
have accurately kept and returned the register as aforesaid. 

1. Where a teacher sues to recover wagres, and it appears that she offered 
to deliver the register and schedule to the clerk, the new clerk of the board, 
and he refused to accept them, it is held that the directors can not contend 
that she failed to return schedule and regfister, and that she completed the 
term according to law. School Directors v. Sprague, 78A-390. 

2. Where the proof is satisfactory that a contract was made for the em- 
ployment of a teacher, two directors consenting to it; that the proper certifi- 
cate required by law was exhibited to them; that the school was taught, and 
that a schedule was made out by the teacher and presented to one of the di- 
rectors, who signed and retained it, it is held that such teacher is entitled to 
recover the wages agreed upon. Adkins v. Mitchell, 20-511. 

3. The refusal of a justice of the peace to grant a change of venue does 
not authorize the dismissal of a suit in the circuit court. A justice of the 
peace has jurisdiction of the subject matter in a suit for the recovery of 
wages, and on appeal to the circuit court, where there must be a trial cZe woro, 
that court has jurisdiction of the parties as well as the subject matter. Ibid. 

§ 14. In all districts controlled by a board of directors, teachers 
shall make schedules of the names of all scholars under twenty-one 
(21) years of age attending school, in the form prescribed by this 
act, and when scholars reside in two (2) or more districts, townships 
or counties, separate schedules shall be kept for each district, town- 
ship or county. Boards of education may require teachers under 
their control to make schedules as herein directed, or to make state- 
ments certifying the number of days' attendance for each month, as 
shown by their registers, which statements shall be certified to by the 
board of education, and be subject to the same requirements con- 
cerning payment of teachers' salary and filing as those made by this 
act concerning schedules. The schedules to be made and returned 
by the teacher shall be, as near as circumstances will permit, in the 
following form, viz.: 

Schedule of common school kept by at in 

district No , township No , range No of the 

principal meridian, in the county of in the State 

of Illinois. Names and ages of scholars residing in district No 

in townybip No north, range west, county, 

who have attended in my school during the time beginning the 

day of , 18 , and ending day of 18.... , 

during which time the school was in session school days. 



Name. 


Ages. 


Days 

Attended. 




10 
13 
16 
18 


15 




11 


Sarah Dant'oith 


20 




18 








61 









102 





Males. 


Females. 


Total. 


Number of scholars 


2 


2 


4 






Average daily attendance 


3 2 











And said teacher shall add up the whole number of days' attend- 
ance of each scholar, and make out the grand total number of days' 
attendance. He shall also note the whole number of scholars, giving 
the males and females separately; the average daily attendance, and 
shall set the age of each pupil opposite the name of such pupil, as in 
the form above prescribed, and shall attach thereto his certificate, 
which shall be in the following form, viz.: 

I certify that the foregfoing schedule of scholars attending my school as 
therein named, and residing as specified in said schedule, to the best of my 
knowledge and belief is correct. 

A B , leacher. 

§ 15. When the teacher shall have completed his or her schedule 
or schedules as provided in the foregoing section, he or she shall de- 
liver it to some one of the directors, who shall, if requested, give the 
teacher a receipt for the same. And it shall be the duty of the said 
director, in connection with at least one other director of the board 
to carefully examine such schedule or schedules, and after correcting 
all errors, if any, if they shall find such schedule to have been kept 
according to law, they shall certify to the same as near as practicable, 
in the following form, viz: 



State of Illinois,"! 



ss. 



County. 

We, the undersigned directors of district No , township No. 

, range No , in the county aforesaid, certify that we have 

carefully examined the foregoing schedule and find the same to be correct, 
and that the school was conducted according to law; that the teacher is paid 

as per contract dollars per ; that the sum of , dollars 

is now due for services for the month ending ; that 

said teacher has a legal certificate of grade, and that the property 

of said district in charge of such teacher has been satisfactorilv accounted for. 

Witness our hands this day of , A. D , 



Directors. 

§ 16. Teachers' wages are hereby declared due and payable 
monthly, and upon certifying to the schedule or statement as here- 
inbefore provided for, the directors or board of education may at 
once make out and deliver to the teacher an order upon the township 
treasurer for the amount named in the schedule or statement; which 
order shall state the rate at which the teacher is paid according to 
his contract, the limits of the time for which the order pays, and 
that the directors have duly certified a schedule covering the time 
specified in such order: Provided, That in case said order shall be 
presented to the township treasurer and not paid for want of funds, 



]03 

said treasurer shall certify on the back of such order the date of 
presentation as required by sectioa 18 of article 4 of this act, and 
thereafter such order shall bear interest at the rate of 7 per cent 
per annum until paid, or until the said treasurer shall notify the 
clerk of the board of directors issuing such order that he has funds 
with which to pay the same. (As amended by an act approved April 
24, 1899 ) 

§17. The school month shall be the same as the calendar month, 
but teachers shall not be required to teach upon Saturdays, Sundays, 
legal holidays, these being New Year's, Fourth of July, Christmas 
and Thanksgiving, and fast days appointed by the national or state 
authority; nor shall they be required to make up the time lost by 
closing the school upon such days or upon such special holidays as may 
be granted the schools by the board of directors. 

Article VIII. 

REVENUE — TAXATION. 

§ 202. For the purpose of establishing and supporting free 
schools for not less than six nor more than nine months in each year, 
and defraying all the expenses of the same of every description, for 
the purpose of repairing and improving school houses, of procuring 
furniture, fuel, libraries and apparatus and for all other necessary in- 
cidental expenses in each district, village or city, anything in any 
special charter to the contrary notwithstanding, the directors of such 
district and the authorities of such village or city shall be authorized 
to levy a tax annually upon all the taxable property of the district, 
village or city not to exceed two and one- half per cent for educa- 
tional and two and one-half per cent for building purposes (except to 
pay indebtedness contracted previous to the passage of this act), the 
valuation to be ascertained by the last assessment for the State and 
county taxes: Provided, That in cities having a population exceeding 
one hundred thousand inhabitants the board of education may estab- 
lish and maintain vacation schools and play grounds under such rules 
as it shall prescribe. (As amended by an act approved April 21, 1899.) 

1. The number 202, as used in the amendment to section 1, article 8, may 
be regarded as surplusage. The Constitution nowhere provides that the sec- 
tion of an act sought to be amended, shall be indicated. It requires that the 
subject matter of the act sought to be amended shall be expressed in the title 
of the amendatory act, and that the section amended shall be inserted at 
length in the new act. In the amendatory act of April 21, 1899, both of these 
constitutional provisions are fully complied with. There is no uncertainty 
as to what section the Legislature intended to amend, and where the inten- 
tion of the Legislature can be ascertained with absolute certainty, the courts 
will carry such intention into effect and hold the amendment valid. Otis 
V. 2he People, 196-542. 

2. It is unlawful for school directors to build a school house without a vote 
of the people of the district on the question, and if they do so their act would 
be null and void, and their orders drawn on the township treasurer in pay- 
ment for building the same would be void, even in the hands of assignees. 
Any tax levied for the payment of the same would also be void. School Di- 
rectors V. Fogleman, 76-189; Ihatcher v. Ihe People, 93-240. 



104 

3. School directors can exercise no other powers than those expressly 
granted, or such as may be necesary to carry into effect a granted power. 
Where a school house is built and accepted without a vote of the people, the 
fact that it was used for school purposes does not legalize the act, or bind 
the tax-payers. Where orders are issued in such a case without authority of 
law for building purposes, there can be no innocent holder of this paper. 
School Directors v. Vogleman, 76-189. 

4. A city or village working under special charter provisions concerning 
public schools, may levy a tax for building purposes without a vote of the 
people authorizing the erection of a school building, if the special provisions 
contain no such requirement. Cleveland, Cincinnati, Chicago & St. Louis 
Railway Co. v. Bandle, 183-364. 

5. Where existing special charter provisions concerning public schools do 
pot require a prior vote of the people favoiing the erection of a school build- 
ing, a tax for building purposes in excess of the amount required for current 
expenses may be levied without the authority of such prior vote. Lippincott 
V. Board of Education, 186-205. Cleveland, Cincinnati, Chicago d; St. Louis 
Railroad Co. v. Bandle, 183-364, followed. 

6. A school district cannot, if it can recover at all, recover from another 
district, which has collected taxes upon lands within the former through a 
mistake of the clerk as to the location of the lands, a greater sum than it has 
levied and would Have collected had there been no mistake. Walser v. Board 
of Education, 160-272. Board of Education v. Board of Education, 57A-283, 
affirmed. 

7. A school district which has collected its full tax levy cannot recover 
from another district taxes collected by it upon lands within the former 
through a mistake of the clerk as to the location of the lands, although the 
rate per centum of the tax as extended in the former was thereby made greater 
than it otherwise would have been. Ibid. 

8. Tax-payers in one school district who voluntarily pay a tax levied by 
mistake upon their lands, to another district, cannot recover back the same, 
where the books werei kept open and means of knowledge of all the facts 
existed, although they supposed they were paying the tax of the district in 
which their lauds lay. Ibid. 

9. A school district does not become a trustee for one tax-payer of an ex- 
cessive amount collected from another. Ibid. 

10. Personal property usually follows the residence of the owners, and is 
there taxable. There are, however, exceptions to the general rule. It is not 
strictly true as to personal property owned by incorporated companies and 
mercantile firms by a common title, and not by distinct and separate in- 
terests. * * * It is entirely competent for the Legislature to fix the situs 
of personal property, belonging to incorpornted and mercantile firms, for the 
purpose of taxation. Munson v. Crawford, 65-185. 

11. The constitution, in its application to the various departments of the 
government and to individual rights, must receive such a construction as to 
give it a practical operation. It must be so applied as to promote and effect 
the objects of its adoption, and not to defeat the end for which it was estab- 
lished. Equality is provided for, both as to persons and property, in the levy 
and collection of all taxes by the constitution, whether for state or for other 
purposes. To hold that the omission to assess an individual, or to assess 
property, liable to taxation under the revenue laws, will render the whole 
tax levied under that assessment, to the extent of the revenue of which it 
forms a part, to be void, instead of accomplishing the object of the constitu- 
tion would only render its provisions authorizing the collection of revenue in- 
operative. Merritt v. Farris, 22-303. 

12. Section 1, article 8 of the school law, provides that for the purpose of 
establishing and supporting free schools, for not less than six nor more than 
nine months in each year, and defraying all the expenses of the same, and 
for the purpose of repairing and improving school houses^ procuring furni- 



105 

ture, fuel, libraries and apparatus, and for all other necessary incidental ex- 
penses in each district, villaee or city, the directors of the district and the 
authorities of the village or city, shall be authorized to levy a tax annually 
upon all the property of the district, village or city, not to exceed two and 
one-half per centum, per annum, for educational and two and one-half per 
centum, per annum for buildinsr purposes, the valuation to be ascertained by 
the last assessment for State and county taxes. Wabash B. B. Co. v. 2he 
People, 147-196, 

13. The county clerk, when making out the tax books for the collector, 
shall compute each taxable person's tax, in said district, upon the total 
amount of taxable property, as equalized by the State Board of Equalization 
for that year, lying and being in said district, whether belonging to residents 
or non residents, and also each and every tract of land assessed by the as- 
sessor, which lies, or the largest part of which lies, in said district. Ibid. 

14. Prom these provisions, and especially from the language of the sec- 
tion last quoted, it seems to be very clear that school taxes are required to 
be computed and extended upon the valuation and assessment of property 
for purposes of taxation tor the current and not for the previous year. The 
extension of the school tax on the tax books is to be made at the same time 
that the other taxes are levied and extended, and that is not until after the 
assessment of property for the current year has been made, and has been 
equalized by the State board, and the computation is expressly required to 
be based upon the valuation of taxable property as equalized by the State 
board for that year. Ibid. 

15. If the estimate of the directors should happen to exceed two and one- 
half per centum of the equalized assessment, the result would be that only 
the two and one-half per centum could be levied and extended on the tax 
books, and that the excess would have to be abated. Ibid. 

16. The cost of building a small coal shed, of painting and papering the 
school house, of lumber and flooring, of building a porch, of stoves and re- 
pairs on the same, and of fuel and janitor service, can not be included in a 
tax levied for building purposes, but must be included in the two and one- 
half per centum levied for educational purposes. O^Day v. The People, 171- 
293. 

17. In view of previous legislation, and of the public policy of this State 
as indicated thereby, we have no doubt it was the intention of this statute 
that all of the current ordinary expenses of the schools, including ordinary 
repairs, were to be covered by the taxes to be levied within the two and one- 
half per centum for educational purposes, and that the additional taxes to be 
levied within the additional two and one-half per centum for building pur- 
poses were intended only to provide the means necessary to meet the special 
occasion of the building of a school house. The proper construction of this 
statute is, that the words for building purposes are special, and apply solely 
to the building of school houses and matters incident thereto, while the words 
for educational purposes are general, and apply to all matters for which a 
board of directors may levy school taxes. Ibid. 

18. Items for educational purposes which are improperly included in the 
levy for building purposes can not be held valid, even though the tax levied 
for educational purposes does not equal the amount authoriz«d by law, since 
the funds for the two purposes can not be commingled and taxes levied for 
one purpose can not be applied to the other. Knopf v. 2 he People, 185-20. 

19. Where, in mandamus proceedings to compel the extension of taxes, 
the levy for building purposes includes items for educational purposes, but 
furnished no means of showing what portion of the levy is legal, the relator 
can not compel the extension of any portion of such tax, and hence can not 
complain that, in order to award the writ, the court, in ascertaining the 
amount legally assessed for building purposes by inspecting the records of 
the board of education, excluding certain items which might properly have 
been alowed for building purposes. Ibid. 

20. In determining whether the amount levied by an appropriation ordi- 
nance exceeds the statutory limit of two and one-half per centum, an amount 



106 

levied to pay bonds and interest, issued to raise money to pay for an improve- 
ment built by general taxation, should be excluded. Wabash Railroad Com- 
pany V. Ihe People, 187-289. 

21. The placing of a steam heating apparatus in a school building, to re- 
place an old one; the reconstruction of a part of the basement; changing the 
system of drainage in the basement and constructing a stone walk around 
the school building, are matters which should be provided for under the tax 
levied for educational purposes and not for building purposes . Ibid. 

22. If it is conceded that a contract for a school house is largely in excess 
of the five per centum of the taxable value of the property in the district, 
and that the purpose of a tax levy for building purposes was to pay the debt 
so incurred; an objection to such tax should be sustained on application for 
judgment of sale, whether the levy of the tax was made before or after the 
contract was executed by the parties. Baltimore <& Ohio Southwestern Mail- 
road Co. Y. Ihe People, 195-423. 

23. If a tax levied for interest and principal on bonds has been paid, and 
no objection to such tax was made on application for judgment of sale in- 
volving other taxes which were objected to, it is error for the court to dis- 
allow such tax. Ibid. 

24. The appropriation of money derived from taxation by a school district^ 
to the construction of a railroad, is not for a corporate purpose. Neither 
school districts nor trustees of schools have any special interest in the object 
to be accomplished, and in granting aid of this character, the principal must 
ever be regarded that the particular interests to be benefitted, or those of a 
similar kind, must be under the control of the authorities which impose the 
tax. Ibid. 

25. A tax to enable a school district to pay its proportionate share of a 
school building is a tax for building and not for educational purposes. School 
Irustees v. School Directors, 190-390. 

26. If the appropriation ordinance and the ordinance levying the tax for 
school purposes each provide for specific sums of money under two separate 
headings, one for new buildings and sites and the other for educational pur- 
poses, it is not necessary that the ordinances should separate into items the 
amounts required for new buildings and tor sites, nor specify the items for 
educational purposes. Koelling v. 2he People, 196-353. 

27. By virtue of this statute any city or school district is authorized to 
establish and support free schools, and for such purpose may levy a tax for 
educational and building porposes, and the statute having provided for a tax 
levy for such purposes, and the appropriation and tax levy ordinances each 
having substantially specified the purposes for which the school tax in ques- 
tion was to be used, such ordinances are sufficiently definite in that particular. 
Otis V. Ihe People, 196-542. 

28. A levy of two and one-half per centum for building purposes is valid 
if the amount which such levy should raise does not exceed the amount to 
which the district may lawfully become indebted, even though the contract 
for the school building attempts to create an indebtedness beyond the con- 
stitutional limit. Wabash Railroad Co. v. Ihe People, 202-9. 

§ 2. The directors of each district shall ascertain, as near as prac- 
ticable, annually, how much money must be raised by special tax for 
school purposes during the ensuing year, which amount shall be cer- 
tified and returned to the township treasurer on or before the first 
Tuesday in August annually. The certificate of the directors may 
be in the following form, viz: 

We hereby certify that we require the sum of dollars, to be 

levied as a special tax for school purposes, and dollars for build- 
ing purposes, on the taxable property of our district, for the year A. D., 



107 

Given under our hands this day of A. D 

A. B. , 1 Directors district No township 

I 
C. D. , J- No range No county 

E.F.J of State of Illinois. 

1. The tax certificate which the school directors are empowered to make 
is the basis of. all school taxes. Such certificates are jurisdictional, and any 
tax extended for school purposes where no such certificate has been returned 
by the directors as required by statute, is without authority of law. and is 
therefore null and void. Weber v. Ohio dt Mississippi Railway Co., 108-451; 
Chicago & Alton Railway Co. v. Ihe People, 163-616. 

2. A certificate of levy made by a board of directors or board of education 
has no le^al force or effect until filed with the county clerk. Weber v. Ohio 
<& Mississippi Raihvay Co., 108 451; People v. Smith, 149 549. 

3. The certificate which the board of education is empowered to make by 
the school law, is the only basis for the imposition of special taxes for school 
purposes. In a sense such certificates are jurisdictional, and any tax ex- 
tended for school purposes where no such certificate has been returned as 
required bv the statute, is without authority of law and null and void. Peo- 
V. Smith, 149-549. 

4. It is manifest, from the provisions of the statute, that the certificate 
required is the official authority to the county clerk to compute and extend 
the tax, and that without it any extension of a tax for that purpose upon the 
property of the district would be unauthorized by law. Ibid. 

5. The board of education in school districts organized under this act is, 
in respect of the levy of special taxes for school purposes, vested with the 
same power, and no greater, than school directors are vested with, and must 
proceed in the manner therein directed. Making the certificate is an official 
act, which they must exercise as they are required to exercise other duties 
imposed upon them by law. Ibid. 

_ 6. The Supreme Court has frequently held that irregularities, informali- 
ties, omissions and defective acts of officers in the assessment, levy or collec- 
tion of taxes, not affecting the substantial justice of the tax itself, will not 
vitiate the levy, and that the court, in its discretion, may correct the pro- 
ceedings, supply the defects therein and make them conform to law, or per- 
mit the same to be done, in the presence of the court, by the officer through 
whose neglect or default the same was occasioned. Ibid. 

7. Boards of education can act only when convened in session as a board, 
and less than a majority of the board are incapable of transacting the corpo- 
rate business. Where three members of a board of education met and signed 
a certificate of tax levy as school directors, it must be held that the act of 
the three persons styling themselves school directors was absolutely void, and 
conferred no posver on the county clerk to extend the tax. Ibid. 

8. A certificate by a board of school directors, that a certain amount is re- 
quired for school purposes, and a certain other amount for heating and 
repairing purposes, is insufficient to authorize a tax levy for building pur- 
poses under the school law. Chicago <& Alton Railroad Co. v. Ihe People., 
163-616. 

9. The words heating and repairing purposes in a certificate of school di- 
rectors include such necessary incidental expenses as are embraced within 
the meaning of the term educational and school purposes, as used in the law, 
and not building purposes for which an additional tax may be levied. * * * 
Such educational and school purposes are those for which annual expendi- 
tures are or may be necessary. Ibid. 

10. It was evidently the intention of the Legislature, that the purposes, 
for which the money is required, should be separately specified as school 
purposes and as building purposes, so that the county clerk can compute and 



108 

extend the taxes for each of such purposes within the limits authorised by 
the law, abating any excess beyond such limits before extending the tax. 
Ibid. 

11. The meaning of the provision, that the certificate may be in the speci- 
fied form is, that it shall be in such form. Where a statute directs the doing 
of a thing for the sake of justice or the public good, the word, may, is the 
same as the word, shall, and imports a duty equally as imperative. Ihid. 
Cooley on Taxation, chapter 9, page 214. 

12. A certificate of levy for school taxes, signed by the president and sec- 
retary of the board of education, may be amended in open court, on applica- 
tion for judgment of sale, by permitting the other members of the board to 
sign the same, where it is shown they were present in their official capacity, 
at the regular meeting of the board when the certificate was made out, that 
they assented to the making thereof, and were willing to sign the certificate 
but did not do so because they thought it unnecessary. Chicago <& North- 
western Railway Co. v. I he People, 183-247. 

13. The amendment of a certificate of levy for school purposes on appli- 
cation for judgment of sale, relates back to the time of signing the certificate 
and validates the levy, where the defect amended was occasioned by the 
omission of members of the board of education to perform their official duty 
by signing the certificate, although present when it was authorized and made 
out. Ibid. 

14. A certificate of levy for school purposes made by the president pro 
tern of the board of education the next day after a meeting of the board at 
which the levy was voted but no certificate of levy was made or authorized, 
cannot be amended upon application for judgment of sale, by permitticg the 
other members of the board to sign it, even though they testify that they 
would have signed it had thpy supposed it necessary. People v. Chicago d; 
Northwestern Railway Co., 183-311. 

15. A valid certificate of school tax levy by the school directors, or by the 
board of education in districts where such board has succeeded the directors, 
is essential to the validity of the tax. Chicago & Alton Railroad Company v. 
Ihe People, 171-544; People v. Smith, 149-549. 

16. A certificate of school tax levy signed by two persons as directors of 
the district may be amended, on application for judgment of sale for the de- 
linquent tax, by changing the word directors to board of education, and by 
designating the parties signing, as president and secretary respectively. Ibid. 

17. Amending a certificate of school tax levy signed by two persons as 
directors, to read as signed by them as president and secretary of the board of 
education, does not operate to vitalize the tax, where there is nothing in the 
certificate or in the evidence to show that it was the certificate of the board 
of education, which consisted of six members and a president, or was auth- 
orized by it. Ibid. 

18. A tax for school purposes is not invalidated by failure of the mem- 
bers of the board of education present at the meeting at which it was voted, 
to sign the certificate, where they are present at the hearing of the county 
court, and state that they would have signed it had they known that it was 
necessary, and the court thereupon permits the certificate to be amended and 
signed. Spring Valley Coal Co. v. 2 he People, 157-543. People v. Smith, 
149-549, distinguished, 

19. Equity will not restrain a tax levied by officers, either de jure or de facto, 
where the power to levy a tax is an incident to their office, and mere irregu- 
larities and informalities in its levy or collection will not be inquired into by 
a court of equity, but the parties supposing themselves to be aggrieved will 
be left to seek their remedy at law. Merritt v. Farris, 22-303. 

20. The cases are rare, even where the tax had been levied by persons 
having no pretense of legal authority to make such a levy, or in eases where 
the tax was not authorized by law, or where the warrant for its collection 
was void, that courts have interposed to stay its collection. Blunson v. 
Minor, 22-594; Mets v. Anderson, 23-463. 



109 

21. No rule is more familiar than that courts of equity will not interpose 
to efive relief, in cases where the party has a full and complete remedy at 
law, unless it be where the jurisdiction is concurrent. It courts of equity 
were to entertain jurisdiction, and enjoin the collection of taxes, in all cases 
in which mere informalities and irregularities have occurred in their assess- 
ment and levy, it would lead to great delay in tbeir collection, and tend 
seriously to embarrass every department of government, and would render 
the operation of the school system very precarious. Ibid. 

22. It may be stated, as a general rule, that courts of equity will not in- 
terfere to restrain the collection of taxes imposed by the officers having in 
charge the execution of the school laws, but parties aggrieved will be remitted 
to the tribunals of the law authorized to enforce and collect the same, where 
generally an adequate remedy is to be found. This general rule has ad- 
mitted exceptions in cases where taxes are sought to be imposed without 
authority of law. In the absence of fraud on the part of the public authority 
in assessing the property or levying the tax, there must be a defect, under 
the law, to levy the particular tax, either because there is no authority for 
its levy or because the property is exempt; or where there is no power in 
bodies seeking to impose the tax to levy it; or where there has been a levy 
in excess of the amount authorized by law; or where the persons or body 
levying the same had no jurisdiction over the subject matter sought to be 
taxed. Lawrence v. Iraner, 136-474. 

23. It is also the well established rule that when taxes levied for school pur- 
poses by a body authorized by law to impose them, do not exceed the amount 
or rate allowed by law, the fact that it may be proposed to divert them to 
another purpose, even though such purpose be illegal, will not authorize a 
court of equity to restrain their collection. After the collection of the tax, 
equity will interpose to prevent its misappropriation. Ibid. 

24. A tax levy is not invalid because the certiflcte of levy is made and 
signed at a meeting of the board of directors assembled without a formal call, 
where the three members of the board are present and consent to act. The 
statute provides that the board of directors shall hold regular meetings at 
such times as they may designate, and special meetings on the call of the 
president or any two members of the board. It further provides that no 
official business shall be transacted except at a regular or special meeting. 
The purpose of the provision in respect to calling special meetings was, to 
give power to some designated person or persons to call the same, and thereby 
constitute it a legal meeting, at which a quorum might transact the corporate 
business. It was not intended to be exclusive, or to vest authority in the 
board it would not have, if otherwise assembled. Ibid. 

25. It is a matter of common knowledge, that formerly persons would call 
on the directors severally, and procure contracts purporting to bind the dis- 
trict without the joint or concurrent action of the members constituting the 
board. To correct this evil, section 19, article 5, was inserted, providing that 
no business should be transacted except at a regular or special meeting of 
the board. But the language of this section does not have reference to the 
particular manner in which special meetings may be called, but as a prohibition 
of doing business by the members of the board, unless a meeting is assembled. 
Ibid. 

26. It must be apparent that if the three directors met and determined the 
amount of school tax required, and made the statutory certificate, and deliv- 
ered the same to the township treasurer, they were exercising an official 
function, and their joint concurrence and act was the exercise of their corpo- 
rate power to levy the tax. And although it is alleged that the levy was 
made by two of the directors, it will be presumed, if necessary to uphold the 
action of the board, in the absence of averments to the contrary, that the 
other member of the board was presenent and concurring. Ibid. 

27. The directors are required to ascertain, as nearly as practicable, an- 
nually, how much money must be raised by special tax for school purposes 
during the ensuing year, which they are required to certify to the township 
treasmrer on or before the first Tuesday in August, annually. It seems clear 



110 

that when the certificate is signed by the directors and filed with the treas- 
urer, it is made the basis for the extension of the tax, and is in itself, in fact, 
the levy thereof. When it is transmitted to the clerk, he acts, in the exten- 
sion of the tax and issuing his warrant for its collection, alone on such cer- 
tificate. Nothing more is necessary,, under the statute, to constitute it, as 
extended, a valid tax. The making of the certificate, and filing it as re- 
quired by law by the board of directors, is of itself a determination of the 
amount necessary to be raised for the purposes therein indicated. Ibid. 

28. The determination of the amount to be raised, and the making and the 
filing of the certificate of levy, are official acts, which alone can be performed 
by the board of directors acting in their corporate capacity, and the clerk of 
the board is required to keep a record thereof. Will his failure to do so ren- 
der the tax void? The officers charged with carrying the levy forward act 
alone upon the certificate. They do not act upon the record of the board of 
directors, as made by the-district clerk. The machinery of the law, which is 
to result in realizing the money required to carry on this governmental pur- 
pose, is put in motion and vitalized by the certificate thus filed and trans- 
mitted to the clerk. Ibid. 

29. Ordinarily, quasi municipal corgorations speak only by their record; 
but it is entirely competent for the Legislature to prescribe what is neces- 
sary to be done by the municipal officers to constitute valid muoicipal acts, 
and what sball be the evidence of the same, and the Legislature having pre- 
scribed what shall constitute a valid levy of the tax, and what shall be done 
to perfect the same and realize the money levied, it must be held that the re- 
quirement that the clerk shall keep a record of the official acts of the board 
of directors in resveet of the levy of such tax, is directory, only. The mat- 
ter of their keeping a record does not go to the question of the power of the 
looard to levy the tax. The validity of the tax not resting upon the record 
made by the clerk of the board of directors, a failure to make a record 
thereof will not render the tax levied in accordance with the law invalid. 
Ibid. 

30. It is clear that in making a levy of school taxes a strict compliance 
with the statute requires the directors to certify the amount required for 
each of the two purposes, in dollars and cents, seeing to it that neither 
amount exceeds the per centum fixed by section 1, supra, and that the county 
clerk sbould simply add these amounts together, and make his computation 
according to the agerregate amount so certified. Chicago <& Alton JRailroad 
Co. V. Ihe People, 155-276, 

31. In making their certificates the directors should take into considera- 
tion the needs of their district alone, and if their estimate should happen to 
exceed the limited per centum, the result would be that no more than the law- 
ful per centum could be levied and extended on the tax books, and the excess 
would have to be abated. It must, therefore, be accepted as the settled con- 
struction of the statute, that while the directors' certificate is the basis of 
the levy of a school tax, and essential to the validity of the same, the amount 
fixed by them, if it exceeds the statutory limit, does not necessarily control 
the county clerk in extending the tax. Ibid. 

32. A certificate of school directors to the township treasurer for the pur- 
pose of the extension of a school tax, that $2 on each $100 for teaching, and 
$1.50 on each $100 for building and repairs, on the taxable property of the 
district, is required for the year, though improper, as not giving the amount 
of revenue required, states, in effect, how much money must be raised, and 
will not invalidate the tax to the amount of the per centum allowed by law. 
Ibid. 

33. The statute provides that no error or informality in the proceedings 
of any of the officers connected with the assessment, levying or collecting of 
the taxes, not affecting the substantial justice of the tax itself, shall vitiate 
or in anv manner affect the tax or the assessment thereof. [Revenue act, 
section 191.] This statute has been liberally construed and repeatedly en- 
forced by the decisions of the Supreme Court in upholding irregular assess- 
■naents and levies ot taxes. Ibid. 



Ill 

34. An objection to a school tax must, under section 191 of the revenue 
act. specify in writing the particular cause of objection. Ibid. 

35. The authority of boards of education to levy a tax for educational pur- 
poses is limited by the statute to two and one-half per centum on the valua- 
tion ascertained by the last assessment for State and county taxes. They are 
also authorized to levy a tax for building purposes, and in such case the 
limit is two and one-half per centum; but if they make levies for both ob- 
jects they are required to make a certificate in the form provided by statute, 
stating therein separately the sum required to be levied for school purposes. 
This certificate is the basis of all school taxes. It constitutes the levy and 
the evidence of it, and any tax not based upon a lawful certificate is null and 
void. St. Louis, Rock Island <& Chicago Railroad Co. v. Ihe People, 177-78. 

36. The form of the certificate is mandatory, and if it is for school pur- 
poses and fails to state that a tax is required to be levied for building pur- 
poses a levy beyond two and one-half per centum will be void. The purpose 
of the statute is that the amounts required shall be separately specified, so 
that the county clerk can extend the tax within the limits provided by law, 
abating any excess beyond the limitations fixed by the statute. Ibid. 

37. The certificate delivered to the treasurer and filed with the county 
clerk itself constitutes the levy and is the evidence of the exercise of the 
taxing power by the board. The validity of any tax does not rest upon the 
record of the board and is not affected by the want of such record. The only 
act necessary for the levy of the tax is the making and filing of the certifi- 
cate. The fact that after the certificate was made the record was so changed 
that it would have authorized the president and secretary of the board to 
have made a different certificate and levy, could not operate to change the 
one already made. The change of the record to correspond with the fact, 
and to correct an error made by the secretary of the board of education in 
writing it, was proper as a basis for an amendment of the certificate and a 
new levy. The only guide to the county clerk is the certificate, and his act 
in extending a tax under it in excess of the amount authorized by law is 
unlawful. Ibid. 

38. Power to make certificate of levy for school taxes can only be exer- 
cised at a meeting of a board of school directors or board of education, and 
acts of the members outside of such meeting have no force. Chicago dh 
Northwestern Railway Co. v. Ihe People, 184-2-10. 

39. The certificate being the basis for the imposition of taxes, the power 
to make it can only be exercised at a meeting of the board. The court may 
permit an ineffectual attempt to make such certificate at a meeting of the 
board to be amended, but the court is powerless to permit an amendment of 
a certificate void ab initio because not made at a meeting of the board. Ibid. 

40. A certificate of school tax levy made by one director after a meeting 
of the board at which a tax was voted but no certificate was made or auth- 
orized is void, though the other directors gave him permission to sign their 
names; so, also, is a certificate made by the clerk after the meeting at which 
the tax was talked over but not voted for, nor any certificate authorized, and 
sighed by him in his own name and that of one of the directors. Ibid. 

41. The making of a certificate of tax levy by school directors and the 
filing of the same with the township treasurer constitute the levy for school 
taxes, and the failure of the clerk to keep a record of such official acts does 
not invalidate the tax. Ibid. 

42. A certificate of school tax levy, made after the board meeting at which 
the amount of tax was agreed upon but no motion was made nor vote taken, 
which certificate was signed by the directors at their residences at different 
times, is void. Ibid. 

43. A district was under the control of a board of education. At a meet- 
ing of the board the levy was authorized by a motion carried unanimously. 
The certificate was made at the meeting, but was signed by only the presi- 
dent and clerk of the board, under the belief that that was the proper way 



112 

to do it. They thought a board of education was more important and had 
different methods from a board of directors, but the others who were present 
approved of it, and would have signed it if they had supoosed it was neces- 
sary or that the other method was not the proper one. The court permitted 
them to amend the certificate upon a hearing, by signing it. The certificate 
was an official act of the board at a regular meeting, and the court had power 
to permit it to be put in proper form. Ibid. 

44. The General Assembly, in accordance with a well settled canon of con- 
struction of legislative powers, may act at its discretion, and prescribe such 
mode for the formation of districts and designate such persons for the levy- 
ing, collecting and having the custody of school taxes as it alone shall con- 
sider most conducive to the public interests. Speight v. The People, 87-595. 

45. All laws, whether in city charters or elsewhere, designed to affect free 
schools, may be regarded simply as school laws intended to carry out the 
mandate of section 1, articles, of the constitution. Although they may re- 
quire the boundary lines of cities to be adopted as lines for the formation of 
school districts, and that city officers shall perform the duties of school offi- 
cers, yet this is for convenience only, and the districts thus formed and the 
officers thus required to perform duties are to be regarded simply as agencies 
selected by the State to provide a system of free schools. Ihid, 

46. Although the limits of the two corporations (that for strictly city pur- 
poses and that for the purpose of providing free schools) are the same, their 
purposes and objects are different, and they are, in fact, separate and dis- 
tinct corporations. The one has its existence and is limited in the powers it 
may exercise by its charter proper; the other by the school law. Ihid. 

47. There is no limitation in the Constitution as to the agencies the State 
shall adopt in providing a system of free schools. The General Assembly 
has full power to select or prescribe the agencies by which school taxes shall 
be levied, collected, held and disbursed for school purposes, and all laws, 
whether in city charters or elsewhere, designed to affect free schools, may 
be regarded as school laws — as part of the law intended to provide a system 
of free schools. Fuller v. Heath, 89 296. 

48. Where an appeal is taken from a judgment against lands for delin- 
quent taxes, and it is shown that the levy for educational purposes was in 
excess of the statutory limitation, it is held that the judgment was erroneous 
to the extent of the amount illegally assessed, for which judgment was ren- 
dered. Ihatcher v. Ihe People, 93 240. 

49. Where a school district is governed by a board of education instead 
of a board of directors, and the proper officers levied the school taxes in that 
district, the mere fact that in signing the certificate required they attached 
the word directors to their names will not invalidate the school tax levied for 
their district. Cairo, Vincennes S Chicago Railway Co. v. Mathews, 152 153. 

50. A levy for building purposes, within the statutory limit, to make up the 
difference between the cost of a school building and the amount realized 
from the sale of bonds, is valid, where the election at which the erection. of 
the building was authorized did not limit the cost to the amount of the bonds 
voted nor specify the purpose for which the bonds were to be issued. People 
V. Chicago <& Northwestern Railway Co., 186-139. 

51. The fact that a eertifiuate of school tax levy was not prepared and 
signed by the president and clerk of the board of education until the day 
after the meeting of the board does not prevent its being amended by chang- 
ing the date and allowing the members of the board to sign their names, 
where the resolution adopted at the meeting fixed amount of the tax, and 
directed it should be certified and returned to the township treasurer, as 
required by law. Indiana, Decatur & Western Railway Co. v. The People, 
201-351. 

§ 3. It shall be the duty of the township treasurer to return the 
certificate mentioned in the foregoing section to the county clerk, on 
or before the second Monday of August, and whenever the bounda- 



113 

ries of the districts of the townships shall have been changed, th© 
township treasurer shall return to the county clerk, with the certifi- 
cates, a map of the township, showing such changes, and certified as 
required by the provisions of this act. 

§ 4. When a district lies partly in two or more counties, the di- 
rectors thereof shall ascertain as near as practicable the amount to 
be raised by special tax for school purposes, and shall prepare one 
certificate thereof for each county in which such district may lie, and 
deliver all of the said certificates to the township treasurer, who re- 
ceives the tax money of such district, who shall return one each of 
such certificates to the county clerk of such county within which such 
district shall lie. On the first Monday of October, or as soon there- 
after as may be practicable, annually, the county clerk of each of 
such counties shall ascertain the total equalized valuation of all the 
taxable property in that part of such district as shall lie in his county, 
and certify the amount thereof to the county clerk of each of the 
other counties in which such district may lie; and from the aggre- 
gate of such equalized valuation and from the certificate of the 
amount so required to be levied, such clerk shall ascertain the rate 
per cent, required to produce in such district the amount of such levy, 
and at that rate shall extend the special tax to be levied for school 
purposes in that part of such district lying in their respective coun- 
ties. (As amended by an act approved June 17, 1891.) 

§ 5. According to the amount certified, as aforesaid, the county 
clerk, when making out the tax books for the collector, shall compute 
each taxable person's tax, in said district, upon the total amount of 
taxable property, as equalized by the State Board of Equalization for 
that year, lying and being in said district, whether belonging to resi- 
dents or non-residents, and also each and every tract of land assessed 
by the assessor, which lies or the largest part of which lies, in said 
district. The said county clerk shall cause each person's tax, so 
computed, to be set upon the tax book to be delivered to the collector 
for that year, in a separate column, against each taxpayer's name or 
parcel of taxable property, as it appears in said collectors books, to 
be collected in the same manner and at the same time and by the 
same person as State and county taxes are collected. 

§ 6. It shall be the duty of assessors, when making assessments 
of personal property, to designate the number of the school district 
in which such person so assessed resides; which designation shall be 
made by writing the number of such district opposite each person's 
assessment of personal property, in a column provided for that pur- 
pose, in the assessment roll returned by the assessor to the county 
clerk. 

1. With certain qualifications, personal property follows the residence of 
the owner, and is there taxable. This is so where the personal property is 
not permanently located in another place. If it be, then it may be taxed 
where it is thus permanently located. Mills v. Ihomton, 26-300; Kino v. 
McDrew, 31-418. 

— 8S 



114 

2. A party who complains of a school tax as levied in a certain district, 
must show that the property was not taxable in such district. Ibid. 

§ 7. It shall be the duty of the county clerk to copy said num- 
bers of school districts, so returned by the assessor, in the collector's 
book and to extend the school tax on each person's assessment of 
personal property, according to the rate required by the amount 
designated by the directors of the school district in which such per- 
son resides. The computations of each person's tax and- the levy 
made by the clerk, as aforesaid, shall be final and conclusive: Pro- 
vided, the rate shall be uniform and shall not exceed that required 
by the amount certified by the board of directors. 

1. Where the amount of school taxes, as extended by the county clerk, is 
in excess of the amount exhibited in the certificate of levy, an objector must 
show that some portion of this excess, if it in fact exists, was charged against 
his property. Ihatchery. Ihe People, 79-597. 

2. Even if a slight excess was equally distributed on each tract, that could 
not be held to substantially affect the justice of such taxes. It would be un- 
heard of to hold a trifle to be substantially unjust and requiring the defeat of 
the collection of the revenue of the schools. Ibid. 

§ 8. The county clerk before delivering the tax book to the col- 
lector, shall make out and send by mail, to each township treasurer 
in the county, a certificate of the amount due each district or fraction 
of a district in his township, of said taxes so levied and placed upon 
the tax books. 

§ 9. On or before the first day of April next, after the delivery 
of the tax books containing the computation and levy of the said 
taxes, or so soon thereafter as the township treasurer shall present 
the said certificate of the amount of the said tax, and make a, demand 
thejefor, the said collector shall pay to said township treasurer the 
full amount of said tax so certified by the county clerk, or in case 
any part thereof remains uncollected, said collector shall, in addi- 
tion to the amount collected, deliver to said township treasurer a 
statement of the uncollected taxes for each district of said township, 
taking of the township treasurer his receipt therefor, which receipt 
shall be evidence as well in favor of the collector as against the town- 
ship treasurer. The said treasurer shall enter the amount collected 
in his books under the proper heads and pay the same out as pro- 
vided for by this act. 

1, School directors are required to ascertain as nearly as practicable, an- 
nually, how much money must be raised by special tax for school purposes 
during the ensuing year, which amount shall be certified and returned to the 
township treasurer. But since the collector is allowed a commission of two 
per centum, it follows that the directors should add this amount to the 
amount they desire to produce to the treasury of the district, the whole con- 
stituting the true amount that must be raised for school purposes. People v. 
Wiltshire, 92-260. 

2. The statute very plainly prescribes the duty of the collector. The path 
marked out must be pursued by him. Failing in this, there is necessarily a 
breach of his bond, and his sureties must respond. ***** a strict 
compliance with the law must be required of all officials. Sureties must un- 
derstand this, and they must know, if their principals are derelict they may 
be made to suffer. People v. Teasel, 84-539. 



115 

§ 10. When a district is composed of parts of two or more town- 
•hips, the directors shall determine and inform the collectors of said 
township, and the collector or collectors of the county or counties in 
which said townships lie, in writing, under their hands as directors, 
which of the treasurers of the townships, from which their district is 
formed, shall demand and receive the tax money collected by the 
said collectors as aforesaid. 

§ 11. If any collector shall fail to pay the amount of said tax, or 
any part thereof as required by the provisions of section nine (9) of 
this article, of this act, it shall be competent of the township treas- 
urer, or other authorized person, to proceed against said collector and 
his securities in an action of debt upon his official bond in any court 
of competent jurisdiction. And the said collector so in default shall 
pay 12 per centum upon the amount due, to be assessed as damages, 
which shall be included in the judgment rendered against him: 
Provided, no collector shall be liable for such part of said tax as he 
shall be able to make appear that he could not have collected by law, 
until he has collected or may be able to so collect such amount. 

1. It is the duty of the collector to pay over the district school taxes col- 
lected to the township treasurer. The statute provides that, on failure of the 
collector to pay such taxes to the treasurer on demand, it shall be competent 
for the treasurer or any authorized person to proceed against the collector 
and his sureties. Yet, it does not follow that the suit on the collector's bond 
must be brought for the use of the township treasurer. The statute is silent 
as to the person for who?e use the action is to be brought in such case. 
lappan v. Ihe People, 62 339. 

2. The recovery would be in trust for the several school districts wherein 
the taxes were levied. The avails of a recovery for the use of the trustees of 
schools would be paid into the hands of the township treasuer, to be by him 
held for the school districts, and to be paid out on the order of their boards 
of school directors. Ibid. 

3. The presentation of the certificate is not material in order to the paying 
over of the taxes by the collector. Neither is it an essential prerequisite to 
a right of action on the bond for taxes collected. The only purpose of pre- 
senting the certificate would seem to be, to acquaint the collector with the 
amount of district school taxes due the school district in the townships. After 
the time limited by the statute for their payment by him, the collector should 
pay over these taxes which he has collected to the to\ynship treasurer on 
demand. Ibid. 

4. In order to recover the 12 per centum on the amount due, the certificate 
should be presented. This percentage is in the nature of a penalty, and the 
statute, in respect to that, is to receive a strict construction. There is no 
duty on the part of the collector to pay this penalty, except as it has accrued 
by the very terms of the statute. Ibid. 

5. Without an averment of the presentation of this certificate, a declara- 
tion is defective in making out a title to this penalty, and for the want of 
such averment, a demurrer to the assignment of breach for the nonpayment 
of 12 per centum of the amount of the taxes due, should be sustained. Ibid. 

6. Although the language of the section is that the collector, so in de- 
fault, shall pay 12 per centum of the amount due, to be assessed as damages, 
which shall be included in the judgment rendered against him, it was not in- 
tended that, in a joint action against the collector and his sureties, there 
should be a joint judgpaent against them all for the taxes collected, and 
a separate judgment against the collector alone for this percentage. That 
would be in violation of the rule that, in a joint action on a contract, there 
can be but one judgment, and that against all the defendants. Ibid. 



116 

7. As to the judgment for an aggregate sum, without specifying the 
amounts due the respective districts, that would seem to be a matter in which 
only the township treasurer and the school districts are interested. Had the 
taxes been paid over to the township treasurer on demand, they could have 
been received as an aggregate sum. Ibid. 

§ 12. It is hereby made the duty of the proper oflSoers in prepar- 
ing blank books and notices for the use of assessors to provide 
columns and blanks for the use of assessors, so that they may desig- 
nate the number of the school district, as provided for in section six 
(6) of this act. 

§ 13. A failure by the directors to file their certificates, or of the 
township treasurer to return the same to the county clerk in the time 
required by this act, shall not vitiate the assessment, but the same 
shall be as legal and valid as if completed in the time required by 
law. 

1. A failure of the school directors to make return of the amount to be 
levied within the time required, does not invalidate the tax; a failure to com- 
ply with the statute in this regard is a mere irregularity. Buck v. Ihe Peo- 
ple, 78-560; Moore v. Fessenden, 88-422. 

Article IX. 

BONDS. 

Section 1. For the purpose of building school houses or pur- 
chasing school sites, or for repairing and improving the same, the 
directors of any school district, when authorized by a majority of all 
the votes cast at an election called for that purpose, may borrow 
money, issuing bonds signed by not less than two members of said 
board of directors, in sums of not less than $100, and bearing inter- 
est at a rate not exceeding 7 per centum per annum: Provided, that 
the sum borrowed in any one year shall not exceed 5 per cent (in- 
cluding existing indebtedness) of the taxable property of the district, 
to be ascertained by the last assessment for State and county taxes 
previous to the incurring of such indebtedness. (As amended by an 
act approved April 24, 1899.) 

1. The power given by the statute to borrow money for the purpose of 
building school houses or purchasing school sites, embraces, no doubt, the 
power to purchase a school site having already a school house thereon. Peo- 
ple V. Sisson, 98-335. 

2. The power to borrow money for the purpose of building school houses 
or purchasing school sites, admits the giving of these bonds in exchange for 
the school property. The end accomplished is the same, whether the bonds 
be first sold and their proceeds be paid for the property, or the bonds them- 
selves be given directly for it. The suggestion that property may be bought 
at better advantage with cash than with bonds can not be judicially recog- 
nized as of sufficient force as not to allow the giving of the bonds directly in 
payment for the purchase of the lots. Ibid. 

3. It would seem to be too plain for controversy, that under this statute 
the school directors, in the absence of a vote of the people authorizing it, 
have no authority whatever to borrow money or issue bonds. The power to 
do this is granted only when the popular vote authorizes it. If a bond is 
issued without such a vote, it is a case, not of the defective execution of a 
power, but an entire absence of it. Board of Education v. 2 aft, 7A-571. 



117 

4. The Supreme Court holds that the recitals of the officers who are in- 
vested-with the ministerial duty of issuing: municipal bonds as to the legality 
of the election authorizing their issue, and the existence of the facts necessary 
to their validity, will not render such bonds, when issued without authority 
of law, valid in the hands of even a bona fide holder, so as to estop the mu- 
nicipality from calling in question the authority of the officers to issue them. 
Ibid. 

5. There is undoubtedly a distinction to be drawn between the case of 
bonds issued by a town and those issued by a board of school directors, 
since, in the former case, the town officers do not represent the corporate 
authority of the town, while the school directors are themselves constituted 
by law the corporation, and, as such, are the tribunal vested with the power 
to decide whether the conditions upon which the bonds may issue have been 
complied with. Ibid. 

6. School directors, when authorized by a vote of the people of the dis- 
trict, have power to borrow money for certain enumerated purposes, and to 
issue bonds to secure the same: Provided, that the sum borrowed in any one 
year shall not exceed 5 per centum of the taxable property of the district, 
including existing indebtedness, to be ascertained by the last assessment pre- 
vious to incurring such indebtedness. This is all the authority given direc- 
tors in the matter of borrowing money, and it would appear to be a limita- 
tion upon their action in issuing bonds to sums of money actually received. 
No authority is given to issue bonds and place them on the market to be sold 
for what they may bring, or for anything less than their par value. Adams 
V. State of Illinois, 82-132. 

7. The law of 1865 authorizes school directors, upon a vote of the people, 
to borrow money for certain purposes and issue bonds therefor. It does not 
authorize them to issue promissory notes. The court is not disposed to en- 
large, by construction or implication, the power of these officers to contract 
debts. The law seeks carefully to guard the school fund from wasteful ex- 
penditure, and it is the duty of the court to construe its provisions in the 
spirit of their enactment. School Directors v. Sippy, 54-287. 

8. In an action against school directors in their corporate capacity, brought 
on a promissory note, the declaration should show an indebtedness con- 
tracted in the manner and for the purpose authorized by the statute, and ou 
trial proof should be made of these facts. The note would be admissable in 
evidence as tending to show the amount of money loaned, but does not, of 
itself, prove a liability. Ibid. In this connection see School Directors v. lay- 
tor, 54-289. 

9. Power to borrow money carries with it, at common law, the power to 
give evidence of the loan — usually carries with it the power to execute prom- 
issory notes and simple contracts incident to the loan; but mere power to 
borrow money does not carry with it as an incident the power to execute a 
bond, or an instrument under seal. These words, therefore, authorizing the 
school directors to execute bonds for borrowed money, instead of being used 
as a limitation of the power and a declaration that they were incapable of 
borrowing money unless a bond be given, when properly construed are an 
enlargement of the power, authorizing the directors, not only to give those 
assurances which are necessarily incident to the power of borrowing money, 
but to go further and execute a higher grade of securities — to execute bonds 
under seal by which the directors might be bound. Folsom v. School Di- 
rectors, 91-402. 

10. Where bonds are issued, negotiated in the market and recite among 
other things that they were issued in pursuance of, and under the sanction 
of a vote at an election legally held, and the bonds coming into the hands of 
innocent holders, the presumption must be indulged that they are legal, until 
that presumption is overcome by clear and satisfactory evidence. In such a 
case the burthen of proof is on the school district to overcome that presump- 
tion. In a proceeding h^ mandamus to compel the district to issue bonds, the 
burthen would be on the other side. Lemont v. Singer <& lalcot Stone Co., 
98-94. 



118 

11. That authority was voted to issue bonds may be shown by oral testi- 
mony. It would be wholly unreasonable and unjust to permit the people of a 
school district to vote to borrow money, issue bonds and obtain the money 
used in the erection of a school building, which is used and enjoyed by the 
people of the district, and then permit them to escape its payment, simply by 
the destruction of the records kept by their officers, either by accident or 
design. Tbid. 

12 To adopt a rule that would produce such injustice could never be tol- 
erated by a court of justice. To so hold would be to say, you may legally 
borrow money, execute the bonds of the district to evidence the indebtedness, 
obtain and enjoy the school building, but you may escape its payment by de- 
stroying the record evidence made by your own officers and in their custody. 
Such is not, nor can it be the rule. Ibid. 

13. When bonds of a school district, negotiated in the market to raise 
money to build a school house, recite that they have been issued in pursuance 
of a vote of the district legally had, and they are in the hands of innocent 
holders, it must be presumed that they are legal, and that their issue was 
authorized by a legal vote, until the contrary is shown by clear and satis- 
factory evidence. Accordingly, in a suit to enjoin the collection of a tax to 
pay such bonds, in the hands of innocent purchasers, the burden of proof is 
on the district to overcome the presumption of the legality of the bonds. 
Board of Education v. laft, 7A-571. Bolton v. Board of Education, lA-193, 
overruled. 

14. There is no provision of the statute making the record of the vote of 
the people of a school district on the question of borrowing money, the only 
primary evidence of a vote on that question, or its result. While it is of the 
utmost importance that an accurate record should be preserved of proceed- 
ings of this character, they are not unsuspectible of proof in other ways. 
Corporations may, and usually do, keep a record of their proceedings, but it 
is not always necessary to their validity that they should do so. Tbid. Bart- 
lett V. Board of Education, 59-364. 

15. The law seems to be that a vendor of forged bonds is liable for the 
amounts paid by the vendee in a fraudulent sale of such securities. Cole v. 
National School Funishing Co.. 43A-473. In this connection see Cole v. 
National School Furnishing Co., 30 A- 156. 

16. Bonds given by the board of education of a school district to obtain 
money which was not borrowed or used for any purpose for which the board 
was authorized, by its charter, to borrow money or issue bonds, are v^oid. 
Board of Education v. Blodgett, 155-441. 

17. A school district or municipal corporation has the same constiutional 
protection that a natural person would have against the abrogation, by stat- 
ute, of its already complete defense under the statute of limitations. Ibid. 

18. In almost all of the states of the Union in which the question has 
arisen, it has been held that the right to set up the bar of a statute of limita- 
tions as a defense to a cause of action, after the statute has run, is a vested 
right, and cannot be taken away by legislation, either by a repeal of the 
statute without saving clause or by affirmative act. The act approved June 
17, 1893, to amend the statute in regard to the limitation, is unconstitutional 
and void. Ibid. 

19. An indebtedness created by a contract for a school building is valid to 
the amount within the constitutional limit, even though the directors have 
attempted by the contract to create an indebtedness greater than the district 
could lawfully incur. Wabash Railroad Co. v, Ihe People, 202-9. 

20. The assesnient to be resorted to in ascertaining the extent to which a 
school district may lawfully become indebted is the last preceding assessment 
which has been completed by the final action of the board of equalization. 
Ibid. 

21. School directors having money in the treasury of their district which 
may lawfully be applied to the matter of building a school house may devote 
such money to that purpose, and the district may, in addition thereto, be- 



119 

•ome lawfully bound to pay an additional sum if the indebtedness of the dis- 
trict is not, by the agreement to pay such additional sum, increased to aa 
•mount exceeding five per centum of the valuation of the taxable property 
•f the district. Tbid. 

§ 2, All bonds authorized to be issued by virtue of the foregoing 
section before being so issued, negotiated and sold, shall be regis- 
tered, numbered and countersigned by the school treasurer of the 
township wherein the school house of such district is, or is to be 
located. Such register shall be made in a " bond register" book to b© 
kept for that purpose; and in this register shall first be entered the 
record of the election authorizing the directors to borrow money, and 
then a description of the bonds issued by virtue of such authority as 
to number, date, to whom issued, amount, rate of interest and when 
due. 

§ 3. All moneys borrowed under the authority granted by this 
article of this act, shall be paid into the school treasury of the town- 
ship wherein the bonds issued therefor are required to be registered; 
and, upon receiving such moneys, the treasurer shall deliver th« 
bond or bonds issued therefor to the parties entitled to receive th« 
same; and shall credit the funds received to the district issuing the 
bonds. The treasurer of said township shall enter in the said "bond 
register" the exact amount received for each and every bond issued. 
And when any such bonds are paid, the said township treasurer shall 
cancel the same and shall enter in the said "bond register," against 

the record of such bonds, the words "paid and cancelled the 

day of ,A. D " filling the blanks with the 

day, month and year corresponding with the date of such payment. 

1. The duties of school directors are derived exclusively from the statute, 
are specifically defined, and if they exercise powers and functions not con- 
ferred upon them, the statute has made them responsible for all losses that 
may ensue. They may borrow money for enumerated purposes, on terms 
prescribed, and when obtained, it is their duty to pay it over to the treasurer, 
who is the only proper custodian. Should they place it in the hands of any 
•ne else, it is at their own risk. Adams v. State oj Illinois, 82-132. • 

2. Where promissory notes are issued by school directors for the purchase 
©f a site, without a vote authorizing the same, as against the district, the 
holder of such notes is without remedy. But the notes being signed in the 
individual names of the directors, a remedy exists at law against them as in- 
dividuals, and a complainant should resort to that mode for redress. It may 
be the school district would be liable over to the persons who signed the 
notes, on their showing that the avails were appropriated to the legitimate 
school purposes of the district. School Directors v. Miller, 54-338. 

3. A bond when issued for an unauthorized purpose is undeniably void. A 
person taking bonds of a school district has access to the records of the board 
governing the same, and it is his duty to see that such instruments are issued 
in pursuance of authority, and when issued without power, they must be 
held void in whosesoever hands they may be found. Hewett v. Nomal School 
District, 94-528.- 

4. Bonds made payable to one of the members of the board having charge 
and management of a school district are void. Such members are virtually 
trustees of the fund, and as such, are incapable of dealing with the fund at 
]iurchasers or donees. Ibid. 



120 

5. Where bonds are issued by a board of education, and a portion of them 
sold to members of the board, such portion is void, and a tax cannot be 
legrally levied to pay interest thereon; neither can any interest be due on such 
bonds in the hands of such holders. A member of aboard of education has no 
power to purchase such bonds for himself or for the board of which he is a 
member, and a tax levied to meet the interest thereon may be enjoined. Ibid. 

6. Corporations created for public convenience only, are not required to 
seek their creditors to discharge their indebtedness, but when payment is 
desired, the demand should be at their treasury. That is the only place, at 
which payment can be legally insisted upon, and it is the only place, where 
the treasurer can legally have the public funds with which he is entrusted. 
In the absence of legislative authority, they have no power to make their 
indebtednpss payable at any other place, than at their treasury. People v. 
lazewell County, 22-147. 

7. Corporations cannot bind themselves to pay their indebtedness to any 
other place than at their treasury, unless specially authorized by legislative 
enactment. Their debts are payable at their treasury only. City of Pekin 
V. Reynolds, 31-529. 

8. The objection that bonds are illegally made payable at a bank in Chi- 
cago, does not invalidate them. The agreement to pay at that place is void, 
but the balance of the coupons and bonds are not rendered invalid for that 
reason. In paying interest the treasurer should not obey that agreement in 
the bond, but pay it at the treasury. Sherlock v. Village oj Winetka, 68-530. 

§ 4. Whenever it is desired to hold an election for the purpose of 
borrowing money, as provided for in this article of this act, the di- 
rectors of the district in which such election is to be held shall give 
at least ten days' notice of the holding of such election, by posting 
notices in at least three of the most public places in such district. 
Such notices shall specify the place where such election is to be held, 
the time of opening and closing the polls, and the question or prop- 
osition to be voted upon, which notice may be substantially in the 
following form, viz.: 

NOTICE OF ELECTION. 

Public notice is hereby given that on day of 

A. D an election will be held at school district 

No , in township No , range No of the principal meridian 

in county, Illinois, for the purpose of voting "For" or 

"Against" the proposition to issue the bonds of said school district No 

to the amount of dollars due (here insert the times 

of pavment, giving the amount falling due in each year, if the bonds mature 

at different days), which bonds are to bear interest at the rate ot per cent 

per annum, payable annually. 

The polls of said election will be opened at o'clock M., and will re- 
main open until o'clock M. 

Dated this day of A. D . . . 

A. B., 
C. D., 
E. F., 

Directors. 

1. Where a levy is made for building purposes, a special election having 
been held purporting to authorize the issuing of bonds for such purposes, 
and the notice of such election did not contain any statement or information 
that the question of issuing bonds for building a school house, or for any 
purpose, would be voted on at such election, such levy based on such pre- 



121 

tended election would be void, and all orders drawn on the township treas- 
urer in payment for building the same would be void even in the hands of 
assignees. Ihatcher v. 2he People, 93-240. 

2. Where the notices of an election under which bonds were issued did 
not, as required by statute, specify the questions upon which the voters of 
the district were required to vote, the election, and all proceedings under it, 
are void. A notice specifying a time and place of meeting, stating the ob- 
ject of it to be the establishment of a school in the district, and to provide 
means to pay for the same, but containing nothing relating to issuing bonds, 
is not in compliance with the statute. Ihatcher v. Ihe People, 98-632. 

3. Where one was present and participated in the proceedings of a meet- 
ing or election held pursuant to improper notices, and which authorized the 
raising of money for which bonds were issued, the money having been thus 
obtained, in part, through his own instrumentality, and the district to which 
he belonged having had the benefit of it, under these circumstances he is 
estopped from questioning the regularity or validity of what was done under 
the authority of those proceedings. Ibid. 

§ 5. At such election two of the directors of such district shall 
act as judges and one of said directors shall act as clerk. In case 
either or any of said directors shall fail, from any cause, to be pres- 
ent or to act at such election, at the time of opeaing the polls thereof, 
the legal voters assembled shall choose, from their number, persons 
to act as such two judges, and a clerk of said election. The said 
judges and the said clerk shall take and subscribe the oath required 
of judges and clerks of an election held for State and county officers, 
and such oath may be administered in the same manner as is or may 
be provided by law for administering the oath to judges and clerks 
at a State or county election. At such election all votes shall be by 
ballot. In districts which have adopted the provisions of "An act 
regulating the holding of elections, and declaring the result thereof 
in cities, villages and incorporated towns in this State" approved 
June 19, 1885, the said election shall be held under the provisions of 
said act. 

1. From the provisions of the statute it is apparent for what purpose and 
under what circumstances the directors of the school districts may issue 
bonds, borrow money and incur a valid liability against the district they rep- 
resent. It is only for the specified objects of building school houses or pur- 
chasing school sites, or repairing or improving the same, that this power can 
be exercised at all, and then only by the consent and direction of the legal 
voters, formally expressed, at an election for that purpose, called and con- 
ducted by the directors, as required by the statute. Bolton v. Board of Edu- 
cation, lA-193. 

2. From the foregoing statute it is obvious that the right to issue the bonds 
by the directors is made dependent upon the vote of the people of the district 
whether they should borrow money for the purpose therein expressed, and 
the first question is, how is it to be ascertained, whether these conditions 
have been complied with; whether there has been any election held for such 
purpose as required by law; and if so, whether a majority of the votes cast 
at such election were in favor of the issue of bonds. Ibid. 

3. These are questions which must be settled and determined by the 
ofl&cers who by the law are required to perform these acts, and to whose 

J'udgment and determination they are submitted by law. It is important to 
:now when these facts are to be ascertained, whether before or at the time 
of their issue, or after, and whether they must be ascertained every time 
payment is demanded either of principle or interest on such bonds. It is 
plain that the Legislature intended to vest the power to determine these 



-122 

questions somewhere, and authorized somebody to settle and determine them, 
and when once determined, to be a final determination of the question as t» 
all bona fide purchases for value. Ibid. 

4. The only persons spoken of in the act as having: anything to do in post- 
ing the reqired notices and conducting the election, are the directors of the 
district, two of whom are required to act as judges, and one as clerk of said 
election. . Thus it will be seen that any official authentication of said election 
and the result thereof, must be under the hands of the directors. Ibid. 

§ 6. Within ten days after every such election, the judges shall 
cause the poll- book to be returned to the township treasurer, who it 
required to register such bonds, with a certificate thereon showing 
the result of such election, which poll-book shall be filed and safely 
kept by the^aid township treasurer, and shall be evidence of such 
election. For a failure to return such poll- book to such treasurer 
within the time prescribed, the judges of said election shall severally 
be liable to a penalty of not less than twenty-five (25) dollars nor 
more than one hundred (100) dollars, to be recovered in a suit in th« 
name of the People of the State of Illinois, before any justice of th« 
peace, and, when collected, shall be added to the township school 
fund of the township in which said treasurer resides. 

§ 7. . In all cases where any school district has heretofore issued 
or may hereafter issue bonds, or other evidences of indebtedness, for 
money on account of any public school building or other public im- 
provement, or for any other purposes which are now binding and 
subsisting legal obligations against said school district, and remain- 
ing outstanding, and which are properly authorized by law, the 
proper authorities of such school district may, upon the surrender 
of any such bonds or other evidences of indebtedness, or any num- 
ber thereof, issue in place or in lieu thereof, or to take up the same, 
to the holders or owners of the same, or to other persons for money 
with which to take up the same, new bonds or other evidences of in- 
debtedness, in such form, for such amount, upon such time, not ex- 
ceeding the term of 20 years, and drawing such rate of interest not 
exceeding 7 per centum per annum, as maybe determined upon; and 
such new bonds or other evidences of indebtedness so issued shall 
show, on their face, that they are issued under this act: Provided, 
that the issue of such new bonds in lieu of such indebtedness shall 
first be authorized by a vote of the legal voters of such school district 
voting at an election called and conducted as other elections provided 
for by this article of this act: And provided, further, that such 
bonds or other evidences of indebtedness shall not be issued so as to 
increase the aggregate indebtedness of such school district beyond 
5 per centum on the value of the taxable property therein, to b» 
ascertained by the last assessment for State and county taxes prior 
to the issuing of such bonds or other evidences of indebtedness. (A» 
amended by an act approved April 24, 1899.) 



123 

Article X. 

COUNTY CLERK. 

Section 1. In all oases where, by any provision of laws, the re- 
turns of any election for school trustees are made to the county 
•lerk of any county, it shall be the duty of the county clerk, within 
ten days after such returns have been made to him as aforesaid, to 
furnish to the county superintendent of schools a list of all such 
trustees so returned to him, and the township from which the same 
have been so returned. 

§ 2, Whenever any change shall be made in the boundaries of 
any school district, and a written statement or record of such change 
■hall be delivered to the county clerk of such county, it shall be th© 
duty of said county clerk to file such statement or record and all 
papers relating thereto and duly record the same in the records of his 
office; and in case of a neglect or failure to do so the said county 
•lerk shall be liable to a penalty of twenty- five (25) dollars, to be 
recovered by an action of debt before any justice of the peace, at 
the suit of the county superintendent, for the benefit of the school 
fund of the said county. 

§ 3. Whenever any school district lies partly in two or more 
counties, it shall be the duty of the county clerk of each county in 
which any part of such district lies to furnish, upon request, to th© 
directors of such district a certificate showing the last ascertained 
equalized value of the taxable property in that part of such district 
lying in such county. 

§ 4, It shall be the duty of the county clerk to furnish to the di- 
rectors of any school district, or to the board of education in dis- 
tricts having a board of education, upon request, a certificate show- 
ing the last ascertained equalized value of the taxable property of 
such district, as the same appears of record in his office. 

§ 5. It shall be the duty of the county clerk, when making out 
the tax books for the collector, to compute each taxable person's tax 
in each school district, upon the total amount of taxable property, as 
equalized by the State Board of Equalization for that year, lying and 
being in such district, whether belonging to residents or non-residents, 
and also each and every tract of land assessed by the assessor which 
Mes, or the largest part of which lies, in such district. Such compu- 
tation shall be made so as to realize the amount of money required 
to be raised in such district, as shown and set forth in the certificate 
of tax levy, made out by the directors of such district, and filed with 
the township treasurer, as required by the provisions of this act. 
The said county clerk shall cause each person's tax, so computed, to 
be set upon the tax book to be delivered to the collector for that year, 
in a separate column against each tax-payer's name, or parcel of 
taxable property, as it appears in said collector's books, to be col- 
lected in the same manner, and at the same time, and by the same 
person, as State and county taxes are collected. In making up the 
lax books to be delivered to the collectors of taxes, the county clerk 



124 

shall copy into such tax books the number of the school district set 
opposite to each person's assessment of personal property, by the 
assessor making the assessment of such person, and to extend the 
school tax on each person's assessment of personal property, according 
to the rate required by the amount designated by the directors of the 
school district in which such person resides, as shown by said certifi- 
cate of tax levy. The computation of each person's tax and the levy 
made by the clerk, as aforesaid, shall be final and conclusive: 
Provided, that the rate shall be uniform, and shall not exceed that 
required by the amount certified by the board of directors. The 
said county clerk, before delivering the tax book to the collector, 
shall make out and send by mail to each township treasurer of the 
county a certificate of the amount due each district or fraction of a 
district, in his township, of said tax so levied and placed upon the 
tax books. 

1. Where a county clerk by mistake extends the school tax of district No. 
1 on lands in district No. 2, and the tax having been collected, a bill will not 
lie to enable the latter to recover from the former the amount of taxes so 
collected. If there be any equity it is wholly in favor of the tax- payers 
whose burdens have been made heavier, against those who are relieved 
thereby. The board of neither school district is the representative of tax- 
payers to adjust their equities. School District v. School District, 57A-288. 

§ 6. Whenever the county board of any county shall have audited 
the itemized bills of the county superintendents of schools or their 
assistants, as required by the provisions of this act, it shall be the 
duty of the county clerk of such county to certify to such act, and 
transmit the said bills to the Auditor of Public Accounts, who shall, 
upon the receipt of them, remit, in payment thereof to each superin- 
tendent, his warrant upon the State Treasurer for the amount certi- 
fied to be due him; and the Auditor, in making his warrant to any 
county for the amount due from the State school fund, shall deduct 
from it the several amounts for which warrants have been issued to 
the county superintendent of said county since the next preceding 
apportionment of the State school fund. 

§ 7. The county clerk of each county shall preserve and record in 
a well-bound book to be kept for that purpose, the report of the 
county superintendent, made to the county board at the first regular 
term of such board in each year, relating to the sale of school lands, 
the amount of money received, paid, loaned out and on hand, be- 
longing to each township fund in his control, and the statement 
copied from the loan book of such county superintendent, showing 
all the facts in regard to loans, which are required to be stated on the 
loan book. 

Article XI. 

COUNTY BOARD. 

Section 1. The county board of each county of this State shall 
have power — 

^irst — To approve the bond of the county superintendent of 
schools. 



125 

Second — To increase the penalty of the bond of the county super- 
intendent of schools beyond twelve thousand (12,000) dollars if, in 
the discretion of said county board, such bond should be so in- 
creased. 

Third — To remove the county superintendent of schools from of- 
fice for any palpable violation of law or omission of duty. 

Fourth — To require the county superintendent of schools, after 
notice given, to execute a new bond, conditioned and approved as the 
first bond, whenever in the discretion of the county board such new 
bond is necessary: Provided, however, that the execution of such 
new bond shall not affect the old bond or the liability of the security 
thereof. 

Fifth — To require the county superintendent of schools to make 
the reports of such board provided for by law, and to remove him 
from office in case of neglect or refusal so to do. 

Sixth — In counties having not more than one hundred (100) 
schools, the board may limit the time of the superintendent of 
schools: Provided, that in the counties having not more than fifty 
(50) schools the limit of time shall not be less than one hundred and 
fifty (150) days a year; in counties having from fifty-one (51) to 
seventy-five (75) schools, not less than two hundred (200) days a 
year, and in counties having from seventy-six (76) to one hundred 
(100) schools, not less than two hundred and fifty (250) days. 

Seventh — Said county board shall authorize the county superin- 
tendent of schools to employ such assistants as he needs for the full 
discharge of his duties, and said county board shall fix the compen- 
sation to be paid therefor, which compensation shall be paid out of 
the county treasury. 

§ 2. It shall be the duty of the county board of each county of 
this State — 

First — To provide for the county superintendent of schools a suit- 
able office with necessary furniture and office supplies, as is done in 
the case of other county officers. 

Second — When the office of county superintendent of schools shall 
become vacant by death, resignation, removal or otherwise, to till the 
same by appointment. And the person so appointed shall hold his 
office until the next election of county officers, at which election the 
said board shall order the election of a successor. 

Third — To examine and approve or reject the report of the county 
superintendent of schools made to such board, and the notes and se- 
curities taken by such superintendent for school funds. 

Fourth — At the regular meeting in September, and as near quar- 
terly thereafter as such board may have regular or special meetings, 
to audit the itemized bills of the county superintendent, and of his 
assistants, for their per diem compensation and expenses allowed by 
law for visiting schools. 



126 

§ 3. At the first regular term of the county board, in each year, 
the county superintendent shall present to the county board of hi« 
•ounty — 

First — A statement showing the sales of school lands made subse- 
quent to the first regular term of the previous year, which shall be a 
true copy of the sale book (book B). 

Second — Statements of the aoioujit of money received, paid, loaned 
out and in hand, belonging to each township or fund under his con- 
trol, the statement of each fund to be separate. 

Third — Statements copied from his loan book (book 0), showing 
all the facts in regard to loans which are required to be stated on the 
loan book. 

All of which the county board shall thereupon examine and com- 
pare with the vouchers, and the said county board, or so many of 
them as may be present at the meeting of the board, shall be liable 
individually to the fund injured and to the securities of the county 
superintendent, in case judgment be recovered of the said securities, 
for all damages occasioned by a neglect of the duties, or any of them, 
required of said board by this section: Provided, nothing herein 
contained shall be construed to exempt the securities, of said county 
superintendent from any liability as such securities, but tbey shall 
still be liable to the fund injured the same as if the members of the 
eounty board were not liable to them for neglect of their duty. 

Article XII. 

SCHOOL FUND. 

Section 1. The common school fund of this State shall consist 
of the proceeds of a two- mill tax to be levied upon each dollar's val- 
nation of the property in the State, annually, until otherwise pro- 
vided by law, the interest on what is known as the school fund proper, 
being three per cent upon the proceeds of the sales of the public 
lands in the State, one-sixth part excepted, and the interest on what 
is known as the surplus revenue, distributed by act of congress and 
made a part of the common school fund by act of the Legislature, 
March 4, 1837. 

§ 2. The State shall pay the interest mentioned in the preceding 
section at the rate of six per cent per annum, annually, to be paid 
into, and become a part of, said school fund. 

§ 3 On the first Monday in January in each and every year next 
after taking the census in the State, by federal or State authority, 
the Auditor of Public Accounts shall ascertain the number of children 
in each county in the State, under twenty one years of age, and shall 
thereupon make a dividend to each county of the sum from the tax 
levied and collected under the provisions of the first section of this 
article of this act, and of the interest due on the school fund proper 
and surplus revenue, in proportion to the number of children in eack 
county under the age aforesaid, and issue his warrant to the super- 



127 

intendent of Bchools of each county upon the collector thereof. 
Upon presentation of said warrant by the county superintendent to 
the collector of his county, said collector or the treasurer shall pay 
over to the county superintendent the amount of said warrant out of 
the first funds which may be collected by him and not otherwise ap- 
propriated by law, taking said superindent's receipt therefor. 

§ 4. The said warrant issued by the Auditor of Public Accounts 
for the school fund tax, and for the interest of the school fund proper 
and surplus revenue, shall be received by the State Treasurer in pay- 
ment of amounts due the State from county collectors; and on pre- 
sentation by the State Treasurer of said warrants to said Auditor, he 
shall issue his warrant to said treasurer on the school fund, for the 
amount of the school fund tax warrants, and on the revenue fund for 
the amount of the warrants for interest on the school fund proper 
and surplus revenue. Dividends shall be made as aforesaid, accord- 
ing to the proportions ascertained to be due to each county, annually, 
thereafter until another census shall have been taken, and then 
dividends shall be made and contiuned as aforesaid, according to the 
last census. 

§ 5. If any collector shall fail or refuse to pay the amount of the 
aforesaid Auditor's warrant, or any part thereof, by the first day of 
March, annually, or as soon thereafter as it may be presented, it shall 
be competent for the county superintendent to proceed against said 
collector and his securities in an action for debt, in any court having 
competent jurisdiction, and the said collector shall pay interest at 
the rate of twelve per centum per annum, to be assessed as damages 
upon the amount due, and which interest shall be included in the 
judgment obtained against him .• Provided, that if it satisfactorily 
appears to the court that on said first day of March, or on the day of 
presentation for payment thereafter, that said collector had not, as 
yet, collected funds sufficient to pay said warrant, said interest shall 
not be allowed upon said warrant. 

§ 6. All bonds, notes, mortgages, moneys and effects which have 
heretofore accrued or may hereafter accrue from the sale of the six- 
teenth section of the common school lands of any township or county, 
or from the sale of any real estate or other property taken on any 
judgment or for any debt due to the principal of any township or 
county fund, and all other funds of every description which have 
been or may hereafter be carried to and made part of the principal 
of any township or county fund, by any law which has heretofore 
been, is now or may hereafter be enacted, are hereby declared to be 
and shall forever constitute the principal of the township or county 
fund, respectively; and no part thereof shall ever be distributed or 
expended for any purpose whatever, but the same shall be loaned out 
and held to use, rent or profit, as provided by law. But the interest, 
rents, issues and profits, arising and accruing from the principal of 
said township or county fund, shall be distributed in the manner and 
at the times as provided by this act; nor shall any part of such inter- 
est, rents, issues and profits be carried to the principal of the respect- 
ive funds, except it appear on the first Monday in October in any 



128 

year, that there is rent, interest or other funds on hand which are 
not required for distribution, such amount not required, as aforesaid, 
may, if the board of trustees see proper, forever be considered as 
principal in the funds to which it belongs, and loaned as such. 

§ 7. School funds collected from special taxes, levied by order of 
school directors, or from the sale of property belonging to any dis- 
trict, shall be paid out only on the order of the proper board of 
directors; and all other moneys or school funds liable to distribu- 
tion, paid into the township treasury, or coming into the hands of 
the township treasurer, shall, after said funds have been apportioned 
by the township trustees, as required in section 26 of article 3 of 
this act, be paid out only on the order of the proper board of directors, 
signed by the president and clerk of said board, or by a majority of 
said board. For all payments made, receipts shall be taken and 
filed by said board of directors. 

1. Where the board of directors have a president and clerk, and directthe 
payment of money from the treasurer for any legitimate purpose, it is a very 
proper mode of executing the school order to have it signed by the president 
and clerk of the board. But this is not the only method of executing such an 
order. The school law, in express terms, authorizes a school order to be 
signed by a majority of the board. Under a fair and reasonable construction 
of the school law either method may be adopted, and whether a school order 
may be executed by th§ president and secretary of the board, or by a major- 
ity of the directors who constitute the board, can make no difference, so far 
as the legality of the transaction is concerned. Langdale v. Ihe People, 100- 
263. 

2. The law provides for the election, in each school district, of three per- 
sons as school directors. When elected and qualified, they become a corpo- 
ration, and have perpetual succession. Their duties are plainly defined by 
the law, and may be performed by a majority of its members. One director 
may not act for the others, with their consent or by their direction. The 
power to sign school orders can not be delegated by one to the other, but 
must be executed in person. It is a personal trust, and can not be delegated. 
Glidden v. Hopkins, 47-525. 

3. The township school fund, by which the system is maintained, and all 
moneys belonging to the township devoted to schools, are placed in the cus- 
tody of the township treasurer, no part of which can be distributed or ex- 
pended for any purpose whatever, except the interest, and the rents and 
profits of such lands as may be acquired by the township, but should be 
loaned out and held to use, rent or profit, as is, or may be provided by law. 
Ibid. 

4. Certain school funds collected from taxes levied by the order of the 
directors, or from the sale of property belonging to any district, can be paid 
out on the order of the directors, and all moneys and school funds liable to 
distribution, not being principal, paid into the township treasury, or coming 
into the hands of the township treasurer, can be paid out only on the order 
of the board of directors, signed by a majority of the board, or their presi- 
dent and clerk; and in all such orders, the purpose for which, or on what ac- 
count drawn, shall be stated, and a form is given in which they may be 
drawn. Ibid. • 

5. From the various provisions of this act, a studied design on the part of 
the Legislature to protect the school fund, and guard it from all misapplica- 
tion, is quite apparent. This provision, requiring orders to express on their 
face for what purpose drawn, must, in the light of this legislation, be re- 
garded as mandatory, and the provision itself is so just, and so well calcu- 
lated to protect the fund, that it cannot, and ought not, in any ease, to be 
dispensed with. Ibid. 



129 

6. The board of school directors, though a corporation, are possessed of 
certain specially defined powers, and can exercise no others, except such as 
result, by fair implication, from powers granted. As a corporation, they are 
but the agents of the tax-payers and inhabitants of the district in which they 
are organized. Every official act performed by them, is for their consti- 
tuents, these inhabitants and tax-payers, and, for doing the act, they must 
show, when questioned, their authority. A board of directors cannot ratify 
an illegal act of their predecessors. They do not stand in the relation of 
principal and agent. The acts of each board must stand by themselves, and 
be tested by the law. Ibid. 

§ 8. In all such orders shall be stated the purpose for which or 
on what account drawn. Said order may be in the following form, viz: 

Et The treasurer of township No range No in county, 

will pay to or order dollars and cents (on his con- 
tract for repairing school house, or whatever the case may be.) 

F By order of the board of directors of school district No in said town- 
ship. 

A. B., President. 

CD., Clerk. 

Which order, together with the receipt of the person to whom paid* 
shall be filed in the office of the township treasurer: Provided, that 
when an order is paid in full, such order, if properly endorsed by the 
person in whose favor it was drawn, and his assigns, if any, shall be 
a sufficient receipt for the purposes of this section. 

1. The statute prescribes the form of school orders to be drawn by the 
directors on the treasurer of the township, according to which form they are 
neither payable on time nor with interest. Clark v. School Directors, 78-474. 

2. Power to borrow money carries with it, at common law, the power to' 
give evidence of the loan. Where a board of directors is authorized by a 
vote of the people lo complete a school house and to borrow money for that 
purpose, and where the money is borrowed and expended accordingly, an 
order bearing interest and payable at some future time is valid, and may be 
enforced against the district. Folsom v. School Directors, 91-402. 

3. Orders are payable to the individual to whom they are issued, or bearer, 
and they may pass by endorsement, so as to vest the title in the assignee, 
and authorize him to institute suit thereon in his own name; but there is a 
marked and wide difference between the rights of the assignee of such 
orders, and rights of an assignee of a promissory note or bill of exchange, 
before maturity. Newell v. School Directors, 68-514. 

4. The purpose which the Legislature had in view in requiring it to be 
stated in the order the purpose for which, or on what account it is drawn, 
was, obviously, to place it beyond the power of the directors to embezzle the 
school fund, or to appropriate it co unauthorized purposes. The order is 
thus made to carry notice to every person who shall become its holder, of its 
validity. He is notified of the authority by which, as well as on what account 
it assumes to be issued, and he must, at his peril, ascertain what defenses can 

I be interposed against its collection. In this it is entirely different from a 
i promissory note or bill of exchange. Ibid. 

I 5. The board of school directors, though a coporation, are possessed of 
1 specially defined powers, and can exercise no others, except such as result, by 
' fair implication, from the powers granted. The statute certainly gives no such 
* power to the school directors as to make acceptances of orders or bills of ex- 
( change. They have power to contract for the erection of a building and to 
I provide for the payment thereof, but in order to the exercise of this power, it 
' is not necessary that they should accept orders. The mode of making pro- 

—9 S. 




IBO 

vision for the payment of the work prescribed by the statute is, to issue 
their own orders on the township treasurer, and not to assume obligations in 
respect to third persons. Peers y. Board oj Education, 72-508. 

6. The acceptance of orders respects alone the convenience and accom- 
modation of third persons; it furthers no purpose of the school law, and 
subserves no interest of the school fund. The powers of school directors are 
very limited, and specially defined. The path marked out by the statute is 
clear and safe. By following it, school directors will best protect the interest 
of the school fund. School directors have no authority to bind a school dis- 
trict by the acceptance of an order, so as to create a right of action against 
it. Ibid, 

7. Where a school house is completed according to contract for school 
directors, who accept the same and deliver school orders to the contractor, 
after a tax had been levied in pursuance of a vote of the people, for building 
purposes, collected and paid over to the treasurer of the township, it is held 
that the purchasers of such orders have a right to rely upon the fund thus 
obtained for payment. Pennington v. Coe, 57-118. 

§ 9. When a district is composed of parts of two or more town- 
ships, the township treasurer or treasurers who do not receive the tax 
money of said district, shall, when they hold any funds belonging to 
said district, notify the directors thereof of the amount of such funds, 
and the directors shall thereupon give the treasurer who receives the 
tax money of said district an order for such funds, and upon receipt 
thereof he shall hold them, to be paid out as aforesaid. 

§ 10. In all cases where school funds are held by any person or 
persons in an official capacity, by virtue of any special charter de- 
fining the manner of loaning the same, such moneys may be loaned 
upon the same terms and conditions as are provided by this act, or 
may hereafter be provided, by the school laws of this State, for loan- 
ing the school funds of counties or townships. 

Article XIII. 

SCHOOL LANDS. 

Section 1. Section number sixteen (16) in every township 
granted to the State by the United States for the use of schools, and 
such sections and parts of section as have been or may be granted, as 
aforesaid, in lieu of all or part of section number sixteen (16), and 
also the lands which have been or may be selected and granted as 
aforesaid, for the use of schools, to the inhabitants of fractional 
townships in which there is no section number sixteen (16), or 
where such section shall not contain the proper proportion for the 
use of schools in such fractional townships, shall be held as common 
school lands; and the provisions of this act referring to common 
school lands shall be deemed to apply to the lands aforesaid. 

1. The insertion of the words, in the grant from the United States to the 
State of Illinois, that the lands granted were to be applied to the use of 
schools, does not make the general government the donor for that purpose, 
or give that government any right whatever to control the lands thus vested 
in the State. The State purchased the lands for a valuable consideration, for 
a certain purpose, and it now rests with the State to determine in what man- 
ner the lands can be best applied to the objects and purposes for which they 
were bought. Good faith will always require the State to apply the said 
lands to the purposes of education. Bradley v. Case, 3 Scammon-585. 



131 

2. Sections 16 in the several townships were granted by the general gov- 
ernment to the State, for the benefit of the inhabitants of such townships, for 
the use of schools. The enabling act of 1818, containing certain propositions, 
accepted by the ordinance of the constitutional convention of the same year, 
constituted a solemn compact between the general government and this State, 
whereby the State of Illinois became the purchaser of the school sections, for 
a valuable consideration, with full power to sell or lease the same for the use 
of schools, as the State might provide and think most beneficial to the inhab- 
itants of th« respective townships, Irusteesoj Schools v. Sehroll, 120-509. 

3. Sections 16 in the several townships, having been granted and accepted, 
were not public lands within the act of Congress authorizing the State to sur- 
vey and mark through the public lands the route of the canal connecting the 
Illinois river with the southern bend of Lake Michigan, and for the like rea- 
son they were not swamp and overflowed lands, made unfit thereby for cul- 
tivation. After the grant in 1818, they ceased to be public lands, neither 
could they, after that time, be regarded as lands remaining unsold. Ibid. 
Canal Irustees v. Haven, 5 Gilman — 548, affirmed. 

4. Where a school township is divided, leaving the 16th section wholly in 
one division, such division grants to that portion of the township section 16, 
and the rents, issues and profits thereof, to be administered by the trustees 
of schools of that township for their own uses and purposes. This fund 
could not be legally administered in any other efficient and profitable man- 
ner; there would be a clashing of jurisdiction and interests, resulting injur- 
iously to the schools. People v. Irustees, 86-613. 

§ 2. All the business of such townships, so far as relates to com- 
mon school lands, shall be transacted in that county which contains 
all or a greater portion of said lands. 

§ B. It shall be lawful for the trustees of schools in townships in 
which section number sixteen (16) , or any other lands granted in 
lieu thereof, remain unsold or which has title to any other school 
lands whatsoever, to rent or lease the same for an annual rent, to be 
paid in money to the treasurer, by a written contract made by the 
president and clerk, under the direction of the board, with the lessee 
or lessees, which contract shall be filed with the records of the board, 
and a copy of the same transmitted to the county superintendent. 
In case of any default in the payment of the rent, the said board of 
trustees shall at once proceed to collect the same by distress, or 
otherwise, as may be provided by law for the collection of rents by 
landlords. No lease taken under the provisions of this act shall be 
for a longer period than five years, except where such lands are leased 
for the purpose of having permanent improvements made thereon, as 
may be the case in cities and villages: Provided, that the provis- 
ions of this section shall not apply to cities having a population of 
oyer one hundred thousand (100,000) inhabitants. 

§ 4. The trustees of schools of any township concerned, are 
hereby authorized and empowered in their corporate capacity, to sell 
and convey to any railroad company which may construct a railroad 
across any of the public school lands of such township, the right of 
way and necessary depot grounds. All moneys received by such 
trustees for any right of way or depot grounds so sold, shall be turned 
over by such trustees to the township treasurer of the township for 
the benefit of the township school fund. 

§ 5. If any person shall, without being duly authorized, cut, fell, 
box, bore, destroy or carry away any tree, sapling or log standing or 



132 

being upon any school lands, such person shall forfeit and pay, for 
every tree, sapling or log so felled, boxed, bored, destroyed or carried 
away, the sum of eight (8) dollars, which penalty shall be recovered 
with costs of suit, by an action of debt or assumpsit, before any jus- 
tice of the peace having jurisdiction of the amount claimed, or in the 
county or circuit court, either in the corporate name of the board of 
trustees of the township to which the land belongs, or by qui tarn 
action in the name of any person who will first sue for the same, one- 
half of the judgment for the use of the person suing and the other 
half for the use of the township aforesaid. When two or more per- 
sons shall be concerned in the same trespass, they shall be jointly 
and severally liable for the penalty herein imposed. 

§ 6 Every trespasser upon common school lands shall be liable 
to indictment, and upon conviction, shall be fined three times the 
amount of 'the injury occasioned by said trespass, and shall stand 
committed as in other cases of misdemeanor. 

§ 7. All penalties and fines collected under the provisions of the 
foregoing sections shall be paid to the township treasurer, and be 
added to the principal of the township fund. 

§ 8. When the inhabitants of any township or fractional town- 
ship shall desire the sale of the common school lands of a township 
or fractional township, they shall present a petition to the county 
superintendent of the county in which the school lands of the town- 
ship, or the greater part thereof, lie, for the sale thereof; which peti- 
tion shall be signed by at least two-thirds of the legal voters of the 
township, or fractional township. The signing of the petition must 
be done in the presence of at least two adult citizens of the township, 
after the true meaning and purpose thereof has been explained; and 
when signed an affidavit must be affixed thereto by the two citizens 
witnessing the signing, in the manner aforesaid, which affidavit shall 
state the number of inhabitants in the township; or fractional town- 
al township, of, and over, 21 years of age; and said petition, so 
proved, shall be delivered to the county superintendent for his 
action thereon: Provided, that in townships having a population of 
more than 10,000 inhabitants, such petition shall be signed by at 
least one-tenth of the legal voters of the township, or fractional town- 
ship, and not two-thirds thereof , and that such petition shall be 
delivered to the county superintendent at least 15 days preceding 
the regular election of trustees, or the date of a special election 
which may be called for such purpose; and thereupon it shall be the 
duty of said county superintendent to notify the voters of such town- 
ship that an election for or against the proposition to sell common 
school lands of the township, or a portion thereof, will be held at the 
next regular election of trustees, or at a special election called for 
that purpose, by posting notices of such election in at least ten of 
the most public places throughout such township, for at least ten 
days before the date of such regular or special election, which notice 
may be in the following form, to- wit: 

Election for sale of common school lands. Notice is hereby given that on 
, the day of , A. D., , an election 



will be held at for the purpose of voting "For" or 

"Against" the proposition to sell common school lands of the township, 
to-wit: (here insert description of said lands.) The polls of said election 
will be open at and close at o'clock of said day. 

A. B., County Superintendent. 

The ballots of such election shall be received and canvassed as in 
other elections provided for in this act, and returns of the result 
thereof made to the county superintendent, and if it shall appear 
that two-thirds of .the vote upon such proposition shall have been 
cast in favor of the sale of said lands, then the said county superin- 
tendent shall act thereon: And, provided, no whole section shall be 
sold in any township containing less than 200 inhabitants; and com- 
mon school lands in fractional townships may be sold when the num- 
ber of inhabitants and the number of acres are in a ratio of 200 to 
640, but not before. (As amended by act approved May 10, 1901.) 

§ 9. Any fractional township not having the requisite number of 
inhabitants to petition for the sale of the school lands therein, as 
provided in section 8 of this article of this act, which has not here- 
tofore been united with any other township, for school purposes, and 
which does not contain a sufficient number of inhabitants to main- 
tain a free school, is hereby attached to the adjacent congressional 
township having the longest territorial line bordering on such frac- 
tional township, for school purposes; and all the provisions of this 
act shall apply to such united townships, the same as though they 
were one and the same township. 

§ 10. When the petition and affidavits are delivered to the county 
superintendent, as aforesaid, he shall notify the trustees of said 
township thereof, and said trustees shall immediately proceed to 
divide the land into tracts or lots, of such form and quantity as will 
produce the largest amount of money. 

§ 11. After making the division required by the foregoing sec- 
tion, said trustees shall cause a correct plat of the same to be made, 
representing all divisions, with each lot numbered and defined, so 
that its boundaries may be forever ascertained. 

1. It would seem frona the general terms of this act, that the trustees may 
lay off the school lands in such sized tracts or lots, as they deem most ad- 
vantageous to the school fund. Burger v. Jones, 3 Scammon-613. 

2. The power conferred on trustees of schools to lay out roads, streets 
and alleys, is confined to cases where they lay out school lands into town 
or village lots. In other eases they have no power to lay out roads, or to 
appropriate or dedicate any part of such land for public highways. The 
powers granted to the trustees will not be extended by implication, but in 
determining their intent and scope, a strict interpretation will be adopted. 
Seeger v. Mueller, 133-8Q. The law declares trustees of schools to be bodies 
corporate and politic, thus constituting municipal or quasi municipal corpo- 
rations, and the same rule of interpretation should apply to the statute from 
which they derive their powers which obtains in case of other municipal cor- 
porations. Such bodies act wholly under a delegated authority, and can 
exercise no powers which are not in express terms or by fair implication con- 
ferred upon them. Ibid. 

3. These sections under which lands may be subdivided and platted, make 
no reference whatever to the laying out of roads or highways, and the sub- 



184 

divisions there contemplated do not involve the necessity of creating highways. 
It is a mere division of the land for the purpose of putting it on the market 
in parcels smaller than the entire tract, leaving the purchasers to acquire 
easements in the nature of public or private ways in the ordinary mode. 
Ibid. 

4. As the laying out of roads is not necessary to, and is not therefore im- 
plied in the power to make ordinary subdivisions of land, it does not exist, 
and the acts of the trustees of schools in attempting to lay out roads, streets 
and alleys, is ultra vires and void. Nor can any force be given to the sugges- 
tion that the purchasers of land, having bought with reference to the plat, 
are entitled to an easement in the roads delineated thereon upon the principle 
of estoppel. Ibid. 

5. Undoubtedly a private owner of land who has the entire control and 
dominion over it as his own property, and who plats his land and makes sales 
of the different parts of it according to the plat, will be estopped to deny the 
right of the several purchasers to an easement in the roads and ways de- 
picted on the plat, even though the plat may not be executed according to 
the statute. And it may be admitted that the several purchasers would be 
enabled to assert such right as against each other. But the rule is different 
where the plat is made by municipal officers whose powers in the premises 
are limited and defined by statute. Ibid, 

6. No estoppel can ordinarily arise from the act of a municipal corpora- 
tion or officer done in violation of or without authority of the law. Every 
person is presumed to know the nature and extent of the powers of municipal 
officers, and therefore cannot be deemed to have been deceived or misled by 
acts done without legal authority. In cases of land so platted purchasers 
must be deemed to have known, at the time they purchased, that the attempts 
of the school trustees to dedicate portions of the school lands to the purposes 
of either public or private roads was without legal authority and therefore 
wholly ineffectual, and that those portions of the plat which marked out and 
depicted roads was nugatory and void. Ibid. 

§ 12. In subdividing said common school lands for sal^ no lot 
shall contain more than 80 acres, and the division may be made into 
town or village lots, with roads, streets or alleys between them and 
through the same; and all such division, with all similar divisions 
hereafter made, are hereby declared legal, and all such roads, streets 
and alleys, public highways. 

1. Where lands are divided into town or village lots, as provided for in sec- 
tion 12, the layiag out of streets and alleys is a necessary part of the subdi- 
vision. A town or village plat cannot be laid out without streets, and is 
not usually laid out without both streets and alleys. The laying out of roads, 
streets and alleys as provided for in section 12 plainly relate to town or vil- 
lage plats, and not to subdivisions of land where there is no town or village. 
Seeger v. Mueller, 133-86. 

§ 13. After such division into lots has been made and platted, 
the trustees of schools shall fix a value on each lot, having regard 
to the terms of sale, certify to the correctness of the plat, stating the 
value of each lot per acre, or per lot if less than one acre, and re- 
ferring to and describing the lot in the certificate, so as fully and 
clearly to distinguish, and identify each lot; which plats and certifi- 
cate shall be delivered to the county superintendent, and shall gov- 
ern him in advertising and selling such lands. 

§ 14. Upon the reception by the county superintendent of the 
plat and certificate of valuation from the trustees, he shall proceeed 



135 

to advertise the said land for sale in lots, as divided and laid off by 
said trustees, by posting notice thereof in at least six (6) public 
places in the county 40 days before the day of sale, describing the 
land and stating the time, place and terms of sale; and if any 
newspaper is published in said county, said advertisement shall be 
printed therein for four weeks before the day of sale; if no newspaper 
is published in said county, then said land my be sold under the 
notice aforesaid, which notice may be in the following form, viz: 

SALE OF SCHOOL LAND. 

Public notice is hereby given that on the day of 

A, D., 18 , between the hours of 10 o'clock a. m. and 6 o'clock p, m.,the 

undersigned superintendent of schools of county will sell 

at public vendue to the highest bidder, at the door of the court 

house in {•r on the premises) the following described real 

estate, the same being a part of the school lands of township No , range 

No , as divided and platted by the trustees of schools of said township, 

to-wit: (Here insert full and complete description of said premises.) Said 
lands will be sold for cash in hand, with the privilege to any purchaser of 
borrowing from the undersigned, the whole or any part of the amount of his 
bid, for not less than one nor more than five years, upon his paying interest 
and giving security, as required in case of a loan obtained from the township 
school fund. 

Dated this day of A . D — 



County Superintendent, 
County. 

1. The school commissioner is a ministerial officer or agent appointed by 
the law to do certain things, and among others, to sell the school lands. In 
doing this, he exercises a power delegated to him by the Legislature. The 
law has specified the extent of the credit, and the character of the security. 
This might have been left to the discretion of the commissioner had it been 
thought advisable. Kidder v. Trustees, 5 Gilman-191. 

2. The law regulating the sale of school land, and directing the kind of 
contract to be entered into, with the time and terms of credit, is the public 
law of the land, and the security must take notice, at his peril, the liability 
imposed on a surety to a purchaser at such a sale. Powell v. Kettelle, 1 Gil- 
man-491. 

2, The doctrine, that a power to make representations is implied from the 
nature of a general agency, seems to have grown out of mercantile transac- 
tions, where there are many strong reasons for holding the principle liable 
for the frauds of his agent. Misrepresentations on the part of a school com- 
missioner in the sale of lands must be such, that care and prudence could 
not have provided against the deception, as the law will not extend its pro- 
tection to those who, through negligence or inattention to their business, 
suffer an advantage to be taken of their credulity. CuoJce v. School Commis- 
sioner, 1 Gilman-537. 

4. Where lands are sold on a credit of one, two and three years, and the 
notes of the purchaser are taken for the several installments, the comnais- 
sioner omitting to take a mortgage to secure the purchase money, the lien 
upon the land is not lost thereby, and may be enforced against subsequent 
purchasers. School Irustees v. Wright, 12-432, 

5. The commisoner must determine from the data before him, whether or 
not a township contains the number of inhabitants necessary to authorize the 
sale of a school section, before making such sale. Irustees oj Schoolsv. Allen, 
21-120. 



136 

§ 15. The place of selling common school lands shall be at the 
court house of the county in which the lands are situated; or the 
trustees of schools may direct the sale to be made on the premises. 

§ 16. The terms of selling common school lands shall be to the 
highest bidder for cash, with the privilege to each purchaser of bor- 
rowing from the county superintendent the amount or any part of 
the amount of his bid, for any period not less than one year nor 
more than five years, upon his paying interest and giving security, 
as in case of money loaned by a township treasurer as provided in 
this act. 

§ 17. Upon the day appointed for such sale, the county superin- 
tendent shall proceed to make sales as follows, viz.: He shall begin 
at the lowest numbered lot and proceed regularly to the highest num- 
bered, till all are sold or offered. No lot shall be sold for less than 
its valuation by the trustees. Said sale shall be made between the 
hours of 10:00 o'clock a. m. and 6:00 o'clock p. m., and may continue 
from day to day. The lots shall be cried separately, and each lot 
cried long enough to enable any person present to bid who desires 
to bid. 

§ 18. Upon closing the sales each day, the purchasers shall each 
pay, or secure the payment of the purchase money, according to the 
terms of sale; or in case of his failure to do so by 10:00 o'clock the 
succeeding day, the lot purchased shall again be offered at public 
sale, on the same terms as before, and if the valuation or more shall 
be bid, shall be stricken off; but if the valuation be not bid, the lot 
shall be set down as not sold. If the sale is or is not made the former 
purchaser shall be required to pay the difference between his bid and 
the valuation of the lot, and in case of his failure to make such pay- 
ment, the county superintendent may forthwith institute an action 
of debt or assumpsit in his name, as superintendent, for the use of 
the inhabitants of the township where the land lies, for the required 
sum; and upon making proof, shall be entitled to judgment, with 
costs of suit; which, when collected, shall be added to the principal 
of the township fund. If the sum claimed does not exceed $200, the 
suit may be commenced before a justice of the peace; if the sum de- 
manded exceeds $200, then suit may be brought in the circuit court 
of any county wherein the party may be found. 

§ 19. All lands not sold at public sale, as herein provided for, 
shall be subject to sale at any time thereafter, at the valuation ; and 
the county superintendents are authorized and required, when in 
their power, to sell all such lands at private sale, upon the terms at 
which they were offered at public sale. 

§ 20. In all cases where common school lands have been hereto- 
fore valued, and have remained unsold for two years, after having 
been offered for sale, or shall hereafter remain unsold for that length 
of time, after being valued and offered for sale, in conformity to this 
act, the trustees of schools where such lands are situated may vacate 
the valuation thereof by an order to be entered in book A of the 
county superintendent, and cause a new valuation to be made, if, in 



137 

their opinion, the interests of the township will be promoted thereby. 
They shall make said second valuation in the same manner as the 
first was made, and shall deliver to the county superintendent a plat 
of such second valuation, with the order of vacation, to be entered, 
as aforesaid; whereupon, said county superintendent shall proceed to 
sell said lands in all respects, as if no former valuation had been 
made: Provided, that the second valuation may be made by the 
trustees of schools, without petition, as provided in this act for the 
first valuation. 

§ 21. Upon the completion of every sale by the purchaser, the 
county superintendent shall enter the same in book B, and shall de- 
liver to the purchaser a certificate of purchase stating therein the 
name and residence of the purchaser, describing the land and the 
price paid therefor, which certificate shall be evidence of the facts 
therein stated. 

1. Section 15, article 2, which requires the county superintendent to keep 
certain books for purposes connected with the sale of school lands is direc- 
tory to the superintendent, but the title to the land he might sell, if legally 
and fairly sold, could hardly be made to depend on his obeying these direc- 
tions. Irustees of Schools v. Allen, 21-120. 

§ 22. At the first regular term of the county board in each year, 
the county superintendent shall present to the county board of his 
county a statement showing the sale of school lands made subse- 
quent to the first regular term of the previous year, which shall be a 
true copy of the sale book (book B) . 

§ 23. The county superintendent shall, also, at the time afore- 
said, transmit to the Auditor of Public Accounts, a full and exact 
transcript from book B of all the sales made subsequent to each re- 
port. The statement required to be presented to the county board 
shall be preserved and copied by the clerk of said board into a well- 
bound book kept for that purpose; and the list transmitted to the 
Auditor shall be filed, copied and preserved in like manner. 

§ 24. Every purchaser of common school lands shall be entitled 
to a patent from the State, conveying and assuring the title. Patents 
shall be made out by the Auditor, from returns made to him by the 
county superintendent. They shall contain a description of the land 
granted, and shall be in the name of and signed by the Governor, 
countersigned by the Auditor, with the great seal of the State 
affixed thereto by the Secretary of State, and shall operate to vest in 
the purchaser a perfect title in fee simple. When patents are exe- 
cuted as herein required, the Auditor shall note on the list of sales 
the date of each patent, in such manner as to perpetuate the evidence 
of its date and delivery, and thereupon transmit the same to the 
county superintendent of the proper county, to be by him delivered 
to the patentee, his heirs or assigns, upon the return of the original 
certificate of purchase, which certificate, when returned, shall be 
filed and preserved by the county superintendent; and all such 
patents, heretofore or hereafter so issued, by the State for school 
lands, or duly certified copies thereof from any record legally made, 



138 

shall, after a lapse of ten years from the date of such patent, and 
such sale having been acquiesced in for ten years by the inhabitants 
of the township in which the land so conveyed may be situated, be 
conclusive evidence as to the legality of the sale, and that the title 
to such land was, at the date of the patent, legally vested in the 
patentee. 

1. The purchaser of school lands is entitled to receive a patent only on 
surrender of his certificate of purchase, and, if the purchase money has not 
been paid, the execution and delivery of his mortgage. Glybourn v. Pittsburg^ 
Fort Wayne S Chicago Railway, 4A-463. 

2. The school commissioner may be considered the legally constituted 
agent of both parties t9 receive the patents, and. by delivering them in com- 
pliance with law, the title is divested out of the State and becomes vested in 
the purchaser. People v. Ihe Auditor, 2 Scammon— 567. 

3. The recital in the certificate of purchase, that a patent would issue on 
the payment of the balance of the purchase money, can not be understood as 
in any manner affecting the provisions of the law requiring the Auditor to 
forward the patents when he receives the returns, or as restraining him from 
issuing them before the expiration of the term of credit. Ibid, 

§ 25. Purchasers of common school lands, and their heirs and 
assigns, may obtain duplicate copies of their certificates of purchase 
and patents, upon filing affidavit with the county superintendent in 
respect to certificates, and with the Auditor in respect to patents, 
proving the loss or destruction of the originals; and such copies 
shall have the force and effect of originals. 

1. It is quite apparent, that a certified copy of the original, under the seal 
of the oflSce of the Auditor, was all that was contemplated by the Legislature. 
A compliance with the statute could not be had, if the word duplicate is as- 
signed its technical meaning. Duplicates are issued simultaneously, each 
one possessing the same formalities of execution. In case of patents issued 
by a functionary of the government, whose term of office has expired, or 
who may be dead, no duplicate thereof, other than certified copies made by 
the officer, who is required to note the date of each patent on the lists of the 
land sold, which are in his custody, could possibly be made. Jackson v. 
Bruner, 48-203. 

2. Under the statute, these patents have no recorded existence in any pub- 
lic office, save that of the Auditor, and the law, in case an original patent is 
lost, would be valueless if such loss could not be supplied by a certified copy 
made by him and authenticated under his official seal. Ibid. 

3. Plainly, the preliminary proof here required is simply for the county 
superintendent, when certificates of purchase are lost, and for the Auditor, 
when patents are lost, to cause them to act and issue the duplicate copies, 
and in nowise affects the question of the admissibility or sufficiency of the 
duplicate copies as evidence, for such copies, when issued, shall have all the 
force and effect of the originals. Beich v. Berdel, 120-499. 

4. There is nothing in the statute that limits the persons in behalf of whom 
the duplicate copies may be used as evidence, and it is therefore unimportant 
to inquire by what individual the affidavit upon which the Auditor acted was 
made. It is enough that he found it to be sufficient, and acted upon it. Ibid. 

§ 26. When any real estate shall have been taken for any debts 
due to any school fund, the title to which real estate has become 
vested in any county superintendent for the use of the inhabitants of 
one or more townships, or of the county, the county superintendent 
may lease or sell such real estate for the benefit of such township or 



139 

townships, or of the county, as provided in section '61 of article 3 
of this act, regulating the leasing and sales of lands by school trus- 
tees: Provided, that in case the real estate be held for the benefit of 
any township or townships, it shall not be sold except upon the 
written request of the school trustees of said township or townships. 
The said county superintendent is hereby authorized to execute con- 
veyances of such real estate to the purchasers when so sold. 

§ 27. The trustees of schools in any township are hereby author- 
ized and empowered, in their corporate capacity, to lay out and 
dedicate to the public use, for street and highway purposes, so much 
of the common school lands, which is unimproved or unoccupied 
with buildings, as may be necessary to open or extend any street or 
highway which may be ordered opened or extended by the municipal 
authorities, which are by law empowered to open or extend streets or 
highways in the territory where said school lands are located: Pro- 
vided, that said trustees of schools shall be of the opinion that the 
benefits to accrue from the opening or extending of said street or 
highway, to the remainder of said common school lands will com- 
pensate for the strip so dedicated: And, provided further, that it 
shall not be lawful for any street or other railroad to lay down rail- 
road tracks on any strip of the common school lands so dedicated, or 
use the same or any part of the common school lands for railroad or 
street railroad purposes, except upon the purchase or lease of the 
same from the proper authorities or upon the payment to the school 
fund of said township of the value of such use or land taken, the 
same as if no street or highway had been laid out thereon, to be de- 
termined by proceedings under an act entitled, "An act to provide 
for the exercise of the right of eminent domain," approved April 10, 
1872, and all amendments thereto. And, provided, furtlier, that this 
section shall not in any way affect existing leases or contracts for the 
lease or purchase of common school lands. 

Article XIV. 

FINES AND FORFEITURES. * 

Section 1. All fines, penalties and forfeitures imposed or incurred 
in any of the courts of record, or before any justice of the peace of 
this State, except fines, forfeitures and penalties incurred or imposed 
in incorporated towns or cities for the violation of the by-laws or 
ordinances thereof, shall, when collected, be paid to the county 
superintendent of schools of the county wherein such fines, penalties 
or forfeitures have been imposed or incurred, and the said county 
superintendent of schools shall give his receipt therefor to the per- 
son from whom such fine, forfeiture or penalty was received. The 
said county superintendent shall annually distribute such fines, pen- 
alties or forfeitures in the same manner as the common school funds 
of the State are distributed. 



140 

§ 2, It shall be the duty of the State's attorneys of the several 
counties to enforce the collection of all fines, forfeitures and penal- 
ties imposed or incurred in the courts of record of their respective 
counties, and to pay the same over to the county superintendent of 
the county wherein the same have been imposed or incurred, retain- 
ing therefrom the fees and commissions allowed them by law. 

§ 3. It shall be the duty of the justices of the peace to enforce 
the collection of all fines imposed by them by any lawful means; and 
when collected the same shall be paid by the justice collecting the 
same to the county superintendent of the couiaty in which the same 
was imposed. 

§ 4. Clerks of courts of record, State's attorneys and all justices 
of the peace shall report, under oath to the county court of their 
respective counties, by the first of March annually, the amount of 
such fines, penalties and forfeitures imposed or incurred in their 
respective courts, and the amount of such fines, forfeitures and pen- 
alties collected by them, giving each item separately, and if any such 
officer has collected no such fines, penalties or forfeitures, he shall 
make affidavit to such fact, and file the same with the county super- 
intendent. The judges of the county court shall inspect the said 
reports, and may hear evidence thereon, and, if found correct and 
truthful, shall enter an order approving such report, and that any 
moneys in the hands of such officers so reporting shall be paid over 
to the superintendent of schools. If the court shall not approve of 
such report, he may order a new one to be made, and upon a failure 
to comply with the order of the court, or to make a satisfactory re- 
port, the court may state an account and enter an order to pay over 
as above provided. The court, for all purposes for carrying out the 
provisions of this section, shall have power to examine books and 
papers as provided hereinafter in section 6 of this article, and shall 
have power to issue subpoenas for both books and persons: Pro- 
vided, that no report shall be approved until the court shall have 
given the superintendent five (5) days' notice of the same, and he 
shall be allowed to inspect said report, and he shall be heard by the 
court upon the same if he desire; and the officers charged with the 
collection thereof, the said clerks. State's attorneys and justices of 
the peace, for a failure to make such a report, shall be liable to a fine 
of twenty-five (25) dollars for each offense, said fine to be recovered 
in a civil action, before any court, at the suit of the county superin- 
tendent of schools of the proper county. 

§ 5. For a failure to pay any fine, forfeiture or penalty, on de- 
mand, to the person who is by law authorized to receive the same, 
the officer or person having collected the same, or having the same 
in his possession or control, shall forfeit and pay double the amount 
of such fine, penalty or forfeiture as aforesaid to be recovered before 
any court having jurisdiction thereof, in a qui tarn action, one-half to 
be paid to the informer, and one-half to the school fund of the proper 
county. 



141 

§ 6. In case that any clerk of a court of record, State's attorney 
or justice of the peace shall fail to make the report provided for in 
section 4 of this article, the county court shall have power, and it is 
hereby made the duty of the judge of said court, to examine all 
records pertaining to the office of such delinquent officer and enforce 
the payment of whatever sum may be found due the school fund 
from such delinquent officer. For the purpose of making such ex- 
amination, the said county court shall have the right to call for any 
paper or papers, docket, fee-book or other record belonging to the 
office of such delinquent officer, and in case such delinquent officer 
fails or refuses to furnish such paper, docket, fee-book or other rec- 
ord for the inspection or use of such county court, he shall forfeit 
and pay to the school fund the sum of one hundred (100) dollars to 
be recovered in an action of debt or assumpsit, before any court of 
this State having jurisdiction of the actions of debt and assumpsit, 
and such penalty, when collected, shall be paid into the school fund 
of the proper county. 

Article XV. 

LIABILITY OP SCHOOL OFFICERS. 

Section 1. Whenever the county superintendent of schools of 
any county shall notify the board of trustees of any township, in 
writing, that the notes, bonds, mortgages, or other evidences of in- 
debtedness which have been taken officially by the township treas- 
urer, are not in proper form, or that the securities which the said 
township treasurer has taken are insufficient, it will be the duty of 
the said board of trustees at once to take such action as may be 
necessary to save and protect the property or fund of the districts 
and the township; and for a failure or refusal to take such action 
within 20 days after such notice, the members of the board, each in 
his individual capacity, shall be liable to a fine of not less than 
twenty-five (25) nor more than one hundred (100) dollars to be re- 
covered before any justice of the peace, on information, in the name 
of the People of the State of Illinois (provided such insufficiency is 
proven) , and, when collected, the said fine shall be paid to the county 
superintendent of the proper county, for the use of schools. And the 
payment of this fine shall not relieve the board of trustees from any 
civil liability they may have incurred from such neglect of duty. 

§ 2. If the judges of any school election called for any legal pur- 
pose shall fail or neglect to deliver a copy of the poll-book of any such 
election, with a certificate thereon showing the result of such election, 
to the officer provided by law to whom such return shall be made, 
within ten days after such election shall have been held, the said 
judges of election shall be severally liable to a penalty of not less 
than twenty-five (25) dollars nor more than one hundred (100) dol- 
lars to be recovered in the name of the People of the State of Illi- 
nois, by an action of debt before any justice of the peace of the 
county; which penalty, when collected, shall be paid into the schoo 
fund of the township in which such election was held. 



142 

§ 3. It shall be the duty of the board of directors of every school 
district in this State, to deliver to the township treasurer all teachers' 
schedules made and certified as required by law, and covering all 
time taught during the school year ending June 30, on or before the 
seventh day of July, annually; and the directors shall be personally 
liable to the district for any and all loss sustained by it through their 
failure to examine and deliver to the said township treasurer all such 
schedules within said time. 

§ 4. For any failure or refusal to perform all the duties required 
of the township treasurer by law, he shall be liable to the board of 
trustees, upon his official bond, for all damages sustained by reason 
of such failure or refusal, to be recovered by action of debt by said 
board in their corporate name, for the use of the proper township, 
before any court having jurisdiction of the amount of damages 
claimed; but if the said treasurer, in any such failure or refusal, 
acted under and in conformity to a requistion or order of said board, 
or a majority of them, entered upon their journal and subscribed by 
their president and clerk, then, and in that case, the members of said 
board aforesaid, or those of them voting for such requisition or order 
aforesaid, and not the said township treasurer, shall be liable, jointly 
and severally, to the inhabitants of the township for all such 
damages to be recovered by an action of assumpsit in a suit brought 
in the official name of the county superintendent of schools for the 
use of the proper township: Provided, said treasurer shall be liable 
for any loss not collected by reason of the insolvency of said trustees. 

C § 5. When a township treasurer shall resign or be removed, and 
at the expiration of his term of office, he shall pay over to his suc- 
cessor in office, when appointed, all money on hand, and deliver over 
all books, notes, bonds, mortgages and all other securities for money 
and all papers and documents of every description in which the cor- 
poration has any interest whatever; and in case of the death of the 
township treasurer, his securities and legal representatives shall be 
bound to comply with the requisitions of this section so far as the 
said securities and legal representatives may have the power so to do. 
And for any failure to comply with the requisitions of this section, 
the person neglecting or refusing shall be liable to a penalty of not 
less than ten nor more than one hundred dollars, at the discretion of 
the court before which judgment may be obtained, to be recovered in 
an action of debt before any justice of the peace, for the benefit of 
the school fund of such township: Provided, that the obtaining or 
payment of such judgment shall in no wise discharge or diminish the 
obligations of the persons signing the official bond of such township 
treasurer. 

§ 6. If any county superintendent, trustee of school, township 
treasurer, director or any other person entrusted with the care, con- 
trol, management or disposition of any school, college, seminary or 
township fund for the use of any county, township, district or school, 
shall convert such funds, or any part thereof, to his own use, he shall 
be liable to indictment; and, upon conviction thereof, shall be fined 



143 

in any sum not less than double the amount of money converted to 
his own use, and imprisoned in the county jail not less than one nor 
more than twelve months, at the discretion of the court. 

§ 7. Trustees of schools shall be liable, jointly and severally, for 
the sufficiency of securities taken from township treasurers, and in 
case of judgment against any treasurer and his securities for or on 
account of any default of such treasurer on which the money shall 
not be made for want of sufficent property whereon to levy execu- 
tion, action on the case may be maintained against said trustees, 
jointly and severally, and the amount not collected on said judgment 
shall be recovered with costs of suit from such trustees: Provided, 
that if said trustees can show, satisfactorily, that the security taken 
from the treasurer, as aforesaid, was, at the time of said taking, good 
and sufficient, they shall not be liable as aforesaid. 

§ 8. The real estate of county superintendents, of township treas- 
urers, and all other school officers, and of the securities of each of 
them, shall be bound for the satisfaction and payment of ail claims 
and demands against said superintendents and treasurers, and other 
school officers as such from the date of issuing process against them, 
in actions or suits brought to recover such claims or demands until 
satisfaction thereof be obtained; and no sale or alienation of real 
estate, by any superintendent, treasurer or other officer or security 
aforesaid, shall defeat the lien created by this section; but all and 
singular such real estate held, owned or claimed, as aforesaid, shall 
be liable to be sold in satisfaction of any judgment which may be 
obtained in such actions or suits. 

1. This section provides that the real estate of the securities of school offi- 
cers, in case of default, shall be bound from the date of the issuing of the 
process, and that no alienation of the estate after process issued shall oper- 
ate to defeat the lien created thereby. There is no provision that it shall re- 
quire the service of the process or the rendition of a judgment to create the 
lien. The lien, therefore, attaches, if judgment shall thereafter be rendered, 
from the date of the issuing of the process, without reference to the time 
when it was served. Snyder v. Spaulding, 57-480. 

§ 9. Trustees of schools, or either of them, failing or refusing to 
make returns of children in their township according to the pro- 
visions of this act, or if either of them shall knowingly make a false 
return, the party so ofcending shall be liable to a penalty of not less 
than ten (10) dollars nor more than one hundred (100) dollars, to be 
recovered by an action of assumpsit before any justice of the peace 
of the county; which penalty, when collected, shall be added to the 
township school fund of the township in which said trustees reside. 

§ 10. If any county superintendent, director or trustee, or either 
of them, or other officer whose duty it is, shall negligently or wil- 
fully fail or refuse to make, furnish or communicate the statistics 
and information, or shall fail to discharge the duties enjoined upon 
them, or either of them, at the time and in the manner required l)y 
the provisions of this act, such delinquent or party offending shall be 
liable to a fine of not less than twenty- five (25) dollars, to be recov- 
ered before any justice of the peace at the suit of any person, on in- 



144 

formation in the name of the People of the State of Illinois, and 
when collected, the said fine shall be paid to the county superinten- 
dent of the proper county for the use of the school fund. 

1. No written pleadings are required before a justice of the peace. Proc- 
ess that * * * run in the name of the People is all that the law requires. 
The word information, as used in the statute, means complaint in the con- 
nection that it is used in such actions. The context shows that other penal- 
ties, imposed by the same section, may be collected in an action of assump- 
sit before a justice of the peace. Whether the action is debt or assumpsit is 
immaterial. It is sufficient that it is in the name of the People, on the infor- 
mation or complaint of any citizen aggrieved. Newton v. Ihe People, 72i-^(yi. 

§ 11. County superintendents, trustees of schools, directors and 
township treasurers, or either of them, or any other officer having 
charge of school funds or property, shall be pecuniarily responsible 
for all losses sustained by any county, township or school fund, by 
reason of any failure on his or their part to perform the duties re- 
quired of him or them by the provisions of this act; or by any rule 
or regulation authorized to be made by the provisions of this act; and 
each and every one of the officers aforesaid shall be liable for any 
such loss sustained as aforesaid, and the amount of such loss may be 
recovered in a civil action brought in any court having jurisdiction 
thereof, at the suit of the State of Illinois, for the use of the county, 
township or fund injured; the amount of the judgment obtained in 
such suit shall, when collected, be paid to the proper officer for the 
benefit of the said county, township or fund injured. 

1. If school officers have squandered school funds, or appropriated the 
same to a purpose not authorized by law, in consequence of which a loss has 
occurred, proper relief may be had under this section of the statute. A court 
of equity has no jurisdiction. Moore v. Fessenbeck, 88-422. 

2. If school directors appropriate school funds under their control to a 
purpose not authorized by law, in consequence of which a loss occurs to the 
district, there is no reason why adequate relief may not be had under this 
section of the statute. * * * If the directors have squandered the funds 
of the district, or appropriated them to purposes not authorized by law, and 
in consequence thereof the taxpayers have been injured, they have a remedy 
at law. Wahl v. School Directors, 78A-403. 

3. Where two directors, without notifying the other director, cause a well 
to be dug and walled on the school house lot of the district, where the well is 
a necessity, although the record of the proceedings of the board of directors 
shows that the well was not ordered and paid for out of the funds of the dis- 
trict, at any regular or special meeting held by the directors or any two of 
them, it is held, that such proceedings do not cause the funds of the district 
to sustain such loss as would render the directors liable under this section. 
Eea V. 2he People, 84A-504. 

4. It is true that the business of the school districts in this State should be 
transacted by its board of directors in the manner pointed out by the statute, 
and that the directors in this case ought to have contracted and paid for the 
well in question at some regular or special meeting, and caused a record to 
be made of their actions, and that the third director should have been notified 
of the proposed action of the other two so that he could have had an oppor- 
tunity to participate therein, yet the court cannot say that the directors, by 
having the well dug and paying for the same in the manner shown, have oc- 
casioned such a loss to the funds of the district as is intended to be provided 
against by this section. Ibid. 



145 

5. The court does not dpcide however, that school directors in this State 
and other officers uauied la the statute, are justified in expending the school 
funds in ilieir charire iu any otiier niunntr than that prescribed by the 
statute, but as deciditipf only that tli« pei-uniary hfibdties ot diiectors anil the 
other iiflfi ers named in this section is limited by the terms thereuf, to hisses 
sustained by such fund, by reason of tlie failure of directors and other officers 
nained, to perfurm the duties required of them by the provisions of the act 
of which it is a part. Ibid. 

6. In order that school officers shall be pecuniarily responsible, under sec- 
tion 11, article 15 of the general school law, for failure to perforin duties 
requited by the statute, there mu-^t be a loss b' the school fund, resulting 
from such '.mission of duty. Ftople v. Uea, 185-Gi{3. Rea v. Ihe Peajjle, 
81A-5U4, affirmed. 

7. S 'hool dii-ecfors are not personally liable for a reasonable sum of money 
expended by them for necessary water s-upply for the school, even thousrh 
they have proceeded illegally in actiutr wiihout an order of the board of di- 
rectors adopted at any meetiiifj. since the school fund has in that case sus- 
tained no loss within the nieauinj; of the statute, the transaction being one 
which might have br-en originally authorized or subsequently ratified at a 
board meeting. Ibid. 

§ 12. No county, city, town, township, school district or other 
public corporation shall every make any appropriation, or pay from 
any school fund whatever, auythinj^ in aid of any church or sectarian 
purpose, or to help support or sustain any school, academy, seminary, 
college, university or other literary or scientific institution controlled 
by any church or sectarian dennmination whatever; nor shall any 
grant or donation of money, or other personal property, ever be made 
by any such corporation to any church or for any sectarian purpose; 
and any officer or other person liaving under his charge or direction 
school funds or property, who sliall pervert the same in the manner 
forbidden in this sectiim, shall be liable to infliotment, and upon 
conviction therBof, shall be fined in a sum not less than double the 
value of the property so perverted, and imprisoned in the county 
jail not less than one (1) nor more than twelve (12) months at the- 
discretion of the court. 

1. The paying of rent to a church organization for the use of a room for 
school purposes is not such an appropriation, or aid to the church, as comes 
within the prohibition of our constitution. Rdigious oreariizations are not 
under such legal bans that they may not deal at arm's length with the 
public in selling or leasing their property, when required for public use, 
in go<'d faith, receiving therefor but a fair and reasonable compensation. 
The public in such case receives the full benefit of its contract, and the funds 
paid are not a gift, appropriation or aid to the church, nor p^id for any sec- 
tarian purpose. Millard v. Hoard oj Education, lUA-48; Mtllard v. Board of 
Education, 121-21)7. 

2. The free schools are institutions provided wh^re all children of the State 
may receive a good common school education. The schools have not been 
established to aid any sectarian denomination, or assist in disseminating any 
sectarian doctrine and no board of education or school directors have any 
authority to use the public funds for such a purpose. Millard v. Board of 
Education, 121 297. 

3. The statute has not prescribed any religious belief as a qualification of 
a teacher in a public school. The school authorities may select a teacher who 
belongs to any church or no church, as they may think best. Ibid. 

— lOS 



146 

4. If the district where a school has been maintained has no school house, 
and it becomes necessary for the board of educatioQ to procure a building to 
be used tor school purposes, they have the riy:ot to rent of any person who 
has property suitable for school purposes. The owner of the property may 
be some religious denomination. It is not material that the building has been 
used as a church. Ibid. 

§ 13. No teacher, state, county, township or district school officer 
shall be interested in the sale, proceeds or profits of any book, ap- 
paratus or furuiture used, or to be used, in any school in this State 
with which such otHcer or teacher may be connected; and tor offend- 
ing against the provisions of this section such teacher, State, county, 
township or district school officer shall be liable to inuictment, and 
upon conviction shall be fined in a sura not less than twenty-five (25) 
dollars nor more than five hundred (500) dollars, and may be im- 
prisoned in the county jail not less than one (1) month nor more 
than twelve (12) months, at the discretion of the court. 

§ 14. Any school officer or officers, or any other person, who shall 
exclude or aid in the exclusion from the public schools, of any child 
who is entitled to the benefits of such school, on account of such 
child's color, shall be fined, upon conviction, in any sum not less than 
five (5) dollars nor more than one hundred (100) dollars each, for 
every such offense. 

Article XVI. 

MISCELLANEOUS. 

Section 1. No justice of the peace, constable, clerk of any court, 
sheriff' or coroner shall charge any costs in any suit where any 
school officer, school corporation or any agent of any school fund, 
suing for the recovery of the same, or any interest due thereon, ia 
plaintitf and shall be unsuccessful in such suit; nor where the costs 
caa not be recovered from the defendant by reason of the insolvency 
of such defendant. 

§ 2. Any woman, married or single, of the age of twenty-one 
years and upwards, and possessing the qualifications prescribed for 
the office, shall be eligible to any office under the general or special 
school laws of this State. 

§ 3. Any woman elected or appointed to any office under the pro- 
visions of tiiia act, before she enters upon the discharge of the duties 
of the office, shall qualify and give the bond required bylaw (if bond 
is required), and such bond shall be binding upon her and her secur- 
ities. 

§ 4. All boards of school directors, boards of education or school 
officers, whose duty it now is, or may be hereafter to provide, in 
their respective jurisdioiious, schools for the education of all cliildren 
between the ages of six and twenty-one years, are prohibited from 
the excluding, directly or indirectly, any such child from such school 
on account of the color of such child. 



147 

1. The free schools of the State are public institutions, and in their man- 
agferaenf and coutrol the law contemplates that they should be <o managed 
that all children within the district, between the aj^es of six and 21 yeHr.--, re- 
gardless of race or color, shall have equal and the same right to participate 
in the ben* firs to be derived therefrom. Wnile the directors, very properly, 
bave large and discretionary powers in regard to the management and con- 
trol of schools, in order to increase their usefulness, they have no power to 
make ciass distinctions, neitber can they discriminate between scholars on 
account of their cfd-tr. race i>r coci;il position. Chase v. Stejihtnson, 71-383; 
People V. Boiird of Education, 127 013. 

2. No child otherwise entitled to attend a certain public school can be 
excludt;d therefrom, directly or indirectly, by school officers or public au- 
thorities on account of his being colored. People v. Mayor of Alton, 179-615. 

3. Where a board of education, created by a municipal corporation, un- 
lawfully excludes colored children trom a public school, with the consent and 
approval of the city auttiorities and under a well understorxl plan to separate 
white and colored children in the public schools, mandamus will lie against 
the city authorities to compel the admission of such children. Jfnd. 

4. Under the law no school district has the right to establish different 
schools tor the white children and colored children of said district, and to 
exclude the colored children truiu the schools established for white children, 
even though the schools es ablished for colored children furnish educational 
facilities tqual or superior to those of thw schools established for white child- 
ren. People v. Mayor oj Alton, 1"J3-30'J. In this connection see People v. 
McFall, 2nA-319. 

5. Exidusiou, without reason, of colored children from the schools to 
which their standing ana residence would entitle them to admission if they 
were white children, amounts, in law, to ditcrimination against them on 
account of color. Ibid. 

§ 5. Any person who shall, by threats, menace or intimidation, 
prevent any child entitled to attend a public school in tliis State 
from attend ing such school shall, upon conviction, be fined in any 
Bum not exceeding tvveuty five (25) dollars. 

§ 6. It shall be the duty of the county treasurers, county super- 
intendents of tchools, towiiehip ccllectois, bi d all other persons pay- 
ing money into the hands of township school treasurers for school 
purposes, on or before ttie 80th day of September of each year, to 
notify in writing the presidents of ,oard9 or school trustees and the 
clerks of the boards of school directors of the amouat paid into the 
township treasurer's hands aad the date of payment. 

§ 7. This act shall not be so construed as to repeal or change, in 
any respect, any special acts in relation to schools in cities having less 
than 100,000 inhabitants, or incorporated towns, townships or districts 
except that in every such city, town, township or district the limit 
of trtxafion for educational and building purposes shall be the same 
as that fixed in section one, article eight, of this act; and except that 
it shall be the duty of the several boards of education or other officers 
of any city or incoporated town, township or district, having in 
charge schools under the provision of any of said special acts, or of 
any ordinance of any city or incorporated town, on or before the 
loth day of Ju!y pr^^ceding each session of the General Assembly of 
this Slate, or annually, if required so to do by the State Superintend- 
ent of Public Inritruction. to make out and render a statement of all 
such statistics and other information in regard to schools and the 



148 

enumeration of persons as required to be communicated by town- 
ship boards of trustees or directors, under the provisions of this act, 
or so much thereof as may be applicaV)le to said city or incorporated 
town, to the county superintendent of the county where such city or 
incorporated town is situated, or of the county iu which the larger 
part of such city or incorporated town is situated; nor shall it be 
lawful for the county superintendent, or any other officer or person 
to pay over any portion of the common school fund to any local 
treasurer, school agient, clerk, board of education, or other otficer or 
person of any township, city or incorporated town, unless a report 
of the number of persons and other statistics relative to schools, and 
a statement of such other itiformatiou as is required by the board of 
trustees or of directors, as aforesaid, and of other school officers and 
teachers under the provisions of this act, shall have been filed at the 
time or times aforesaid, specified in this section, with the superin- 
tendent of the proper county, as aforesaid. (As amended by act 
approved and in force March ol, 1891.) 

1. Section 1, article 8 of the Constitution directs that the General As- 
sembly shall provide a thorough and efficient system of tree schools, whereby 
all children in this State may receive a good common school education. 
There is no limitation in that or any other article as to the agencies the State 
shall adopt in providing this system. There is, it is true, a limitation as to 
the amount of indebtedne-ss a school district may contract, but there is no 
attempt to limit the Legislature in providing for the formation of school dis- 
tricts, nor in prescribing who shall or shall not be empowered with the levy, 
collection and custody of school taxes. The General A'^sembly may, there- 
fore, act, in these respects, at its discretion, and prescribe such mode for the 
formation of school districts, and designate such persons for the levying, 
collecting and having the custody of school taxes, as it, ^lone, sb;dl consider 
most conducive to the public interests. Speight v. Ihe PeojAe, 87 595. 

2. The question of whether the sections of a city charter relating to 
schools, are to be regarded as repealed, by virtue of the adoption by the city 
of the general law, or as still existn^g, may be waived, and that all laws, 
whether in city charters or elsewhere, designed to Jtffect free schools, may 
be regarded simply as school laws. Aud although they may require the 
boundary lines of cities to be adopted as lines fur the formation of school 
districts, and that city officers shall perform the duties of school effit-ers. yet 
this is tor convenience only, and the dit^tricts thus to be formed, and the 
officers thus required to perform duties, are to be regarded simply as agencies 
selected by the State to provide a system of free schools. Although the 
limits and offi'^ers of the two corporations are the same, their purposes and 
objects are different, and they are, in fact, separate and distinct corporations. 
The one has its existence and is limited in the powers it may exercise by its 
charter, proper; the other by the school law. Und. 

3. Section 22, article 4 of the constitution, prohibits the General Assembly 
from passing any local or special law providing for the management of com- 
mon schools. It must be noticed that the language of this clause is much 
less comprehensive than that of section 1, article 8. There, a system of free 
schools, not merely the management of free schools, is required to be pro- 
vided; and had it been intended no local or special law should be enacted for 
that purpose, it is most natural and probable that it would have been so said. 
It must be assumed that the word management was not unadvisedly or acci- 
dentally used, and that it relates to the conduct of the school in imparting 
instruction. Ibid. 

4. Before the adoption of the present Constitution, the city of Chicago 
was, by law, given the title of all school lands within its boundaries, and the 
share of the school fund belonging to its people, and was clothed with the 



149 

power of collecting taxos for school purposes, and charged with the duty of 
supporting: its schools. The Jaws on this subp ct in force tit that time, 
whether embodied in form in the charter of the city, or in amendments to its 
charter, or in laws not purportinar in form to be a part of its charter, must be 
regarded as a part of the school laws, atid not a'' strictly a part of its charter 
for strictly city purposes. Fuller v. Heath, 89-296. 

5. There is no limitation in the Constitution as to the ae:encies the State 
shall adopt in providing a system of free schools, and the Geaeral Assembly 
has full power to sele(;t or prescribe the agencies by which school taxes shall 
be levied, collected, held and di^^)ursed, and all laws, whether in city char- 
ters or elsewhere, designed to afft-ct free schools, may be regarded as school 
laws intended to provide a system of free schools. Section 22 article 4 of 
the Constitution, as to the power of passing special laws, relates merely to 
the management of common schools, that is, to the conduct of common 
schools in imparting instruction, and does not relate to the matter of provid- 
ing the necessary funds for their support. Ibid. 

6. Section 10, article 6, which empowers boards of education to examine 
teachers and fix the amount of their salaries, does not apply to school di-^tricts 
existing by virtue of a special charter. Board oj Edtication v, Arnold, 112-11. 

7 The adoption by a city of the general law for the incorporation of cities 
and villasew, which has no relation to schools, does not abrogate provisions 
in such city's former special charter for the establishment arid management 
of a system of free schools, such provisions not bcner inconsistent with any- 
thing in the general law. Smith v. 2 he Ptople, 154-58. 

8. Where a charter provides that members of a school board shall hold 
office until their successors are appointed and qualified, a failure to hold an 
el'Ction during any year does not dissolve the board or create a vacancy. 
Ibid. 

9. The adoption of minority representation in a city council, pursuant to 
the general law, which throws the election of the city offi('ers into every 
second year, does not abrogate a provision of the special charter of such city 
that members of the board of education shall be elected annually. Ibid. 

10. The act of 1887 providing that school districts acting under special 
charters maj'^ hold elections at the time provided by general law for the elec- 
tion of school directors, and that such election may be held at such p!ace in 
the school district as may be designated by the board of directors or board of 
education, was repealed by the act approved May 21, 1889, revising the 
school law. Ibid. 

11. Under section 7, article 16 of the school law, the only change effected 
in the public school provisions of special charters of cities and villages is to 
make the limit of taxation for educational and building purposes the same as 
nvider the cerieral school law. Cleveland, Cincinnati d; St. Louis By. Co. v. 
Handle, 183-364. 

12. The adoption of the general law for the incorporation of cities and 
villages does not abrogate provisions of special charters not inconsistent 
with provisions of thi" general law relating to the support and management 
of public schools. Ibid. 

13. The provisions of the general school law which affect the method of 
constituting the board of education and change the limit of taxation for 
school purposes prescribed in special charters, are not in violation of section 
22, article 4 of the constitution, prohibiting the passageof special laws chang- 
ing the charter of any city or village. Ibid. 

14. Where a special charter gives the board of education the power to 
make certain contracts, and gives it exclusive control of the funds out of 
which the payment must be made, an action should be brought atrninst the 
board oi education and not against the city. *«»*«** The courts 
arc clothed with ample power to enforce its payment. A general judgment 
agrtinst the city could not be properly rendered for a demand payable out of 
a particular fund, over which its municipal officers have no conirol. Grant 
V. City oj Urbana, 2A 559, 



150 

15. The board of school inspectors (Peoria) are vested with a large discre- 
tion in the performance of thfir important duties, and courts will not attempt 
to control its exercise esi't pr in a palpable casn wliern a plain violation of 
the law is manifested, Schuol InsjHxturs v, 2 he People, 20-525. 

16. Where a special charter makes it the duty of a board of directors to 
establish and keep up a system of e:rad< d scbools, such directors have the 
autbority to appoint a snpnintendent of the grHf'ed si-liools of such city, and 
pay him a reasonable salary for his services. Where there are ten teachers, 
in different rooms, and over SOO pupils, a jjeneral superiuteiident is necessaiy 
to the working: of the system, and the power' to appoint and pay this nfficer 
mn^^t be considered as given by necessary implication. iSpring \. Wrtght, 

63; yo. 

37. Where a corporation is created for bnpiness purposes, all persons may 
presnme such bodies wht n issning their paper, are actmsr within the scope 
of their power. Not so with municipalities. Beiuf? created for trovernmental 
purposes, the borrowing; of money, the puTcha^e of property on time, and 
the erivine: of commercial paper, are not inherent, or even powers usually 
conf M-red; and unless endowed with such power in their chatters, they have 
no authority to make and place on the market such paper, and pfrsi-ns 
deHiiiiq; la it must see that the power exists. Hewetty. Normal School l/istrict, 
94-528. 

18. The act of April, 1872, was a general law, and all acts inconsistent 
■with it, and all preneral school laws previMHisly enacted were thereby re- 
pealed. But it did not repeal special charters nnder the provisions of which, 
boai'ds of pHucation were created and acting. People v. Bluyor oj Blooming- 
ton, 130-406. 

19. The adoption of minority representation in a city council, pursuant to 
the general law, which throws the election of the city officers into every sec- 
ond year, does not abrogate the provision of the speeial charter of such city 
that members of the board of education shall be elected annually. Smith v. 
2?ie People, 154-58. 

20. Where a charter provides that members of a school board shall hold 
office until their successors are appointed and qualifl 'd. the failure to hold 
an election during any year does not dissolve the boaid or create a vacancy. 
Ibjd. 

21. The act of 1887, providing that in school districts acting under special 
charters, elections might be held at the time provided by the sehool law lor 
the election of school directors, and at such places in the district as the board 
of education might designate, was repealed by the act of May 21, l^lSH. revis- 
ing the scho'd law, and an election had thereafter under said act of 1887 gives 
no title to office. Ibtd. 

§ 8. It shall be the duty of the president, principal, or other 
proper officer of every or2;anized nuiversily, college, seminary, 
academy, or other literiary institution, heretofore incorporated, or 
hereafter to be incorporated in this State, to make out, or cause to be 
made out and forwarded to the office of the Slate Superintendent of 
Public Instruction, on or before the first day of August in each year, 
a report setting forth the amount and estimated value of real estate 
owned by the corporation, the amount of other funds and endow- 
ments, and the yearly income from all sources, the number of in- 
structors, the number of students in the different classes, the studies 
pursued and the books used, the course of instruction, the terms of 
tuition, and such other matters as may be specially requested by 
said superintendent, or as may be deemed proper by the president 
or principal of such institution to enable the Superintendent of Pull- 



151 

lie Instructionjlto lay before the Legislature a fair and full exhibit of 
the Hff'airs and conditions of said iuBtitutions, and of the educational 
resources of the State. 

§ 9. If judgment shall be obtained against any township board 
of trustees or school directors, the party entitled to the benefit of 
such judgment may have execution th^iefor, as follows to- wit: It 
shall be lawful for the court in which such judgment shall be ob- 
tained, or to which such judgment may be removed by transcript or 
appeal from a justice of the peace, or otfier court, to isoue thence a 
writ commanding the directors, tru-tees and treasurer of such town- 
ship to cause the amount thereof, with interest and costs, to be paid 
to the party entitled to the benefit of such judgment, out of any 
mon«?y8 uuHppropriated of said township or district, or if there be no 
such moneys, out of the first moneys applic'ible to the pnyment of 
the kind of services or indebtedneKs for which such judgment shall 
be obtained, which shall be received for the use of such township or 
district, and to enforce obedience to such writ by attachment, or by 
mandamus, requiring such board to levy a tax for the payment of 
such judgment ; and all legal proces es. as well as writs to enforce 
payment, shall be served either on the president or the clerk of the 
board. 

1. In a proceedinpr for a nxmclamus to compel the .school tnisteps to form 
a new district, and the writ is awardfd. jufltriuftiit for costs should not be 
rendered atrainst the trusrpe« pcrsfMiMlly, but as trustees of schools of the 
township. Boone v. The People, 4A 'J:J1. 

2. Here is a sure and ouiDplHte remedy priven for the enforcement of all 
just claims atjniust such bodies. A party h;is but to obtain his judgment, 
and, if there be money in the treasury, to obtain an order on the treasurer 
for its payment, and if there is no lunney applicable to its payment, then to 
obtain a writ of inanddmus to compfd the levy and eoijection of a tax for its 
payment. Board oj Education v. Neidenberger, 78 58 

3. The Supreme court has repeatedly held that this is the only mode of 
enforcing a j idijment ayaiu-it a sehitol di-tri''t. Botkin v. Osborne, 3'J 101; 
Watts V. McLean, 28A 537; Sogers v. Ihe Ptuple, (J8 J54, 

4. The Supreme court, in passingf upin the powers of school officers, has 
said they possess only the authority jjranted by statute and sufh as may 
result by fair implication from wnat is trranted, and have shown a clear pur- 
pose in defiuinff these powers to construe them strictly. This is in accord- 
ance with the plain policy of the statute and is essential to the protection of 
the school fund. Gliddin v. Hopli-ns. 47-521!; NewtU v. School Directors, 68- 
514; Peers v. Board of Education, 72 5U8; Watts v. McLean, 28 A 537. 

5. The treasurer is not authorized to pay out the money in his hands until 
an order drawn as rtquired by the statute is presented, or until a court of 
competent jurisdiction shall have made an order for that purpose. Unless 
one of these thinpfs has been done, the treasurer is j istiGrd in decliuiufj to 
pay upon the demand made by the judt{tneiit creditor, and as it is not his 
duty to comply with the demand in such cases, he cannot be subjected to the 
•est and vexation of a proceeding by mandamus. Watts v. McLean, 28A 537. 

6. Where an action of debt is instituted in the circuit court by the trustees 
of schools <m the official bond of a township treasurer, and where the issues 
are found for the defendant, no juil-^inent for costs should be entered against 
the trustees of schools. Under the statute there can be no c sts adjudged 
agriinst the trustees of scho-ds where they prosecute in their official capacity. 
Gassady v. Irustees oj Schools, 94-589. 



152 

7. The board of education in the city of Urbana, under the charter of the 
city, sutftaia the same relation, substautially, to the public schools in the 
corporation that a board of directors sustain to the public schools in an ordi- 
nary school dntrict. Th«i pi>wers and duties are substantially alike, except 
that the board of education possesses mure power. But the board of educa- 
tion are not the owuers of the property upon which the school houses are 
erected, in any sense of that term. They have no title or estate in the prop- 
erty whatever. Thpy are merely pnbUc offii-prs in the discharge of a public 
trust. Ihomas v. Urbana School District, 71-283. 

8. A school district has to rely mainly upon taxation to raise mouey to 
pay its indebtedness. This is its only recourse to obtain revenue with which 
to dischaige the claims ag:ainst it. If, however, a .judgment could be ren- 
dered against the directors, an execution issued and the property of the 
district sold, as against an individual, in many cases it would be gone beyond 
the reach of the district before the necessary money could be raised by taxa- 
tion and a redemption effected. Ihid. 

9. By the enactment of this section, the L^^gislature provided the mode by 
which a party having a claim against a board of directors could enf<irce its 
collection If one has a claim against a board of education, he must proceed 
according to this statute. He has no right to fi!« a petition and enforce a 
sp'^cifle lien bv obtaining a decree of sale under the mechanic's lien law of 
the State. Ihid. 

10. The statute very clearly directs in what manner judgments against a 
board of trustees or school directors shall be paid. It is provided, that if 
judgmetit shall be obtained against any township board of trustees or school 
directors, the party entitled to the benefit of such judgment may have exe- 
cution therefor, but the status e must be followed. This is the only mode 
provided by law for enforcing judgments in such casps. The order for a 
general execution is therefore erroneous. Watson v. Ahry, 9A-280. 

11. Directors have the right to levy a special tax for school purposes with- 
out a vote of the people, and a special tax for building purposes, with the 
consent of the legal voters; but they exceed their p-iwer, when they attempt 
to appropriate the funds raised for one object to a different object. Au exe- 
cution may be satisfi-^d only with money raised for that particular purpose. 
Pennington v. Coe, 57-118. 

12. As a general rule, money in the custody of the law, or in the hands of 
au ofl&cer of the law, is not liable to be reached by garnishee process. Money 
in the hands of school directors or their treasurer, is not liable to garnish- 
ment. The reason is that the money or property is in the custody of the 
law, and while it so remains it is not the property of the debtor, to satisfy 
"whose debt the process is instituted. Ntir is such officer his debtor. While 
the money is in the hands of the officer the law may control it, and prevent- 
ing its ever reaching the hands of tha person whose debt is thus sought to be 
satisfied. Millison v. Fish, 43-112; Bivens v. Harper, 59-21. 

13. School districts and all other municipal corporations are the instru- 
ments of the State to carry out its powers for the public welfare, and in ex- 
ercising their powers and enforcing public rights they act as agents, and 
may have extended to them the same exemptions in suits as belonging to the 
State. When exercising sui'h powers they may, when so authorized, do so 
without conforming to all of the requirements imposed on the practice on 
natural, or artificial persons created for the purposes of business or gain. 
Holmes v. City of Mattoon, 111-27. 

14. It is a fraud upon the rights of the people of a district for the directors 
to allow a decree to be entered against the district without interposing any 
defence, and no one of the board of directors should be allowed to profit by 
a fraudulent act. When th* y as'^ume the position of school directors, they 
have no right to allow private interests to conflict with public duty. Equity 
and good faith require them to defend and protect the property of the district 
to the best of their skill and ability, regardless of any aud all private interests 



153 

which they may have, and when they fail to do this, they prove recreant to 
their trust, and thnir acts cannot be upheld in a court of equity. Noble v. 
School Directors, 117-30. 

15. It is true that a defendant that has been nepligrent, and allowed a 
judgment to bo rendered agaiutit him throufjh his laches, cannot come into 
court and obtain relief as agaiust bis own nej^li^ent acts. But the principle 
which preclu(les a negfli^ent party tr^m obtaining; relief, has no application 
to a case of this character. Here, offi/ers intrusted with the rights of the 
public have disregjarded their tni^ft. and suffered the district to be defeated 
m their own private interests. Ibid. 

16. A mechanic's lien cannot attach to school property. Quinn v. Allen, 
85-ci9. 

17. Under section 24 of the lien law of 1895 a sub- contractor's lien for 
iab(ir or materials furnished for a public improvement is created by performing 
such labor or furnishing? such material, and becomes perfect as to all funds 
not paid over or bonds or warrants not delivered, upon such service of the 
DoricB on the officials, as specified. Spaulding Luvtber Company v. Brown, 
171-487. 

18. An order on a school board, pfiven by a contractor, while his claim 
was but a chose in action, to a sub-contractor for the amount due the latter 
for labor or material furnished for a school building:, cannot be paid in tuU 
as a'?a!nst other sub-coutracturs who have served notices of their claims on 
such board, as required by section 24 of the mechanic's lien law of 1895, but 
only pro rata with the other claims. Ibid. 

19. Sureties on a contractor's bond, given by a school board to secure a 
full performance of a contract to erect a school building and as protection 
against liens thereon, are not liable to sub contractors for the amount of 
their unpaid claims against the contractor, whei'e there is no breach of the 
bond as to the school board and th« bond does not protect sub-contractors. 
Jbid. 

20. Where a judgment is obtained by fraud, a court of equity will restrain 
its collection. Bui where the debt on which the judgmenr is based is a valid 
one, when the parly obtaining the judgment has acted in good faith and 
obtained service on one acting as clerk tor the only board really acting as 
directors, a court of ♦'quity should not interfere. School Directors v. National 
Furniture Co., 53A-254. 

§ 10. Trustees of schools, school directors, members of boards of 
education, or other school officers performing like duties, shall re- 
ceive no pecuniary compensation, but they shall be exempt from 
road labor and military duty during their term of office. 

This language cannot be forced to bear a construction that the property of 
a school director shall be exempt from the burden of a road tax. The lan- 
guage is, that he shall be exempt from roHd labor. No construction or inter- 
pret;ition can be given to the words road labor to make them mean road tax. 
McDonald v. County oj Madison, 43-22. 

§ 11. All school officers elected in pursuance of any general law 
now in force shall bold their respective offices until their successors 
are elected and qualified under the provisions of this act. 

§ 12. "An act to establish and maintain a system of free schools," 
approved April 1, 1872; "An act to protect colored chihlren in their 
rights to attend public schools," approved March 24, 1874; "An act 
to amend section fitty (50) of an act entitled, 'An act to establish 
and maintain a system of free schools,' approved April 1, 1872, ap- 
proved March 80, 1874;" "An act to amend sections 24 and 83 of an 
act entitled, *An act to establish and maintain a system of free 



154 

schools,' approved April 1, 1872, approved May 23, 1877;" •'An 
act to amend sectioa •17 of 'An act to establish and maintain a system 
of free scliools,' approved April 1, 1872, approved May 11, 1877;" 
"An act regulating the renting and sale of school lands," approved 
May 25, 1877; "An act to amend section 'S'6 of an act entitled, 'An act 
to amend sections 24 and '6S of an act entitled, 'An act to establish 
and maintHin a system of free schools,' approved April 1, 1872, ap- 
proved May 23. 1877, in force July 1, 1.^77," approved May 81, 1879;" 
"An act to amend an act entitled, 'An act to establish and maintain 
a system of free schools,' approved April 1, 1872, and Sf^ction forty- 
seven (47) of said act as amended by an act approved May 11, 1877, 
approved June 3, 1879;" "An act to amend sections eleven (11) 
twenty-seven (27), thirty- three (33), thirty four (34), forty-eight 
(48), fifty-three (53), fifty-four (5l), fifty-seven (57) of an act en- 
titled, 'An act to establish and maintain a system of free schools,' 
approved April 1, 1872, and in force July 1. 1872, and amended 
by an act approved June 3, 1879, and in force July 1, 1879, approved 
May 31, 1881;" "An act to amend section fifty-one (51) of an act 
entitled, 'An act to establish and maintain a system of free schools," 
approved April 1, 1872, in force July 1, 1872, and amended by an 
act approved June 3, 1879, in force July 1, 1879, approved June 
23, 1883;'' "An act regulating the loan of school funds," approved 
and in force March 20, 1883; "An act to amend sections thirteeen 
(13). twenty (20) and seventy-one (71) of an act entitled, 'An act to 
establish and maintain a system of free schools,' approved April 1, 
1872, and in force July 1, J 87 1, and amended by act approved 
June 3, 1879, approved June 2H, 1885;" "An act to amend sections 
fifty-seven (57) and fifty-eight (5S) of an act entitled, 'An act to es- 
tablish and maintain a system of free schools,' approved April 1, 
1872, and amended by an act approved April 1, 1872, and amended 
by an act approved June 3, 1»79, and in force July 1, 1879, and 
further amended by an act approved May 31, 1881, and in force July 
1, 1881, approved June 30, 1885;" "An act to amend section (1) of 
an act entitled, 'An act regulating the renting and sale of school 
lands,' approved May 25, 1877, in force July 1, 1877,' approved 
June 29, i8'S5;" "An act to amend section thirty-three (33) of an 
act entitled, 'An act to establish and maintain a system of free 
schools,' approved April 1, 1872, in force July 1, 1872, as amended 
by an act approved May 23, 1877, in force July 1, l'^77, as amended 
by an act approved Jane 3, 1879, in force July 1, 1879, as amended 
by an act approved May 31, 1881, in force July 1, 18:^1,' approved 
June 4, 1887;" "An act to provide for the election of presidents of 
boards of education in school districts," approved June 17, 1887; 
"An act toempower trustees of schools to lay out and dedicate common 
school lands for street and highway purposes," approved June 3, 1887; 
"An act to regulate the attendance of teachers upon teachers' insti- 
tutes," approved June 14, 1878; "An act to empower township trustees 



155 

to sell and convey right of way and depot grounds for the use of rail- 
roads crossing school lands," approved April 13, lb75; "An act to 
regulate the payment of moneys into the hands of township school 
treasurers," approved May 80, 1881; and all other acts and parts of 
acts inconsistent with this act, and all general school laws in this 
State are hereby repealed. 

§ 18. Whereas, An emergency exists, requiring this act to take 
immediate el!ect, therefore be it enacted that this act shall take effect 
from and after its passage. 

Appboved May 21, 1889. 



156 



SPECIAL CHARTERS. 



BOARD OF EDUCATION APPOINTED. 

An Act io provide for the apprdntment of School Directors and 
g. members of the Board of Education, in certain cases. 

Section 1. Be it enacted by the People of the IStaie of Illinois 
represent' d in the General Assembly: That in all cases whereby 
the provisions of any general or special law of this State heretofore 
passed, the members of any common council of any city have been 
made ex officio school directors, or members of the board of educa- 
tion in and for the school district of which the said city shall consti- 
tute the whole or a part, the said school directors or members of the 
board of education shall hereafter be appointed as hereinafter pro- 
vided. 

§ 2. It shall be the duty of the mayor of said city, at the first reg- 
ular meeting of the city council after each annual municipal election, 
and after his installation into office, to nominate and place before the 
council, for confirmation as school director or members of the board 
of education, as the case may be, one person from each ward of said 
city to serve for two years, and one person from the city at large to 
serve for one year, and if the persons so appointed shall be confirmed 
by a majority vote of the city council, to be entered of record, the 
persons so appointed, together with such persons theretofore ap- 
pointed under the provisions of this act, to which this is an amend- 
ment, whose terms of service will not expire within one year, shall 
constitute the board of education or school directors for such district: 
Provided, That the person appointed from the city at large for one 
year shall be president of said board of eduction or school directors, 
but shall have no vote in such board excepting in case of a tie: And^ 
provided farther. That the term of office of all persons heretofore ap- 
pointed under the provisions of the act to which this is an amend- 
ment, whose terms of office expires within one year, shall terminate 
at the first regular meeting of the city council after the annual meet- 
ing, and upon the appointment and confirmation of their successors, 
(As amended by act approved and in force May 28, 1889.) 

§ 3. The said persons shall, as soon as practicable after their ap- 
pointment, organize by electing one of their number secretary, who 
shall hold his office for one year. All rights, powers and duties here- 



157 

tofore exercised by and devolved upon the members of the city coun- 
cil, as ex officio members of the board of education, or school direct- 
ors, shall devolve upon and be exercised by the members of the 
board of eflucation and school directors appointed under the provis- 
ions of this act. (As amended by act approved and in force May 28, 
1889.) 

§ 4. In all school districts to which this act shall apply the boards 
of education or school directors sliali annually, before tlie first day of 
August, certify to the city council, under the hands and seals of the 
president and secretary of the board, the amount of money required 
to be raised by taxation for school purposes in said district for the 
ensuing year, and the said city council shall thereupon cause the 
said amount to be levied and collected in the same manner now pro- 
vided by law for the levy and collection of taxes for school purposes 
in such district, but the amount to be so levied and collected shall 
not exceed the amount now allowed to be collected for school pur- 
poses by the general school laws of this State; and when such taxes 
have been collected and paid over to the treasurer of such city or 
school district, as may be provided by the terms of the act under 
which such district has been organized, such funds shall be paid out 
only on the order of the board of education or school directors, 
signed by the president and secretary of sjich board. 

Approved May 29, 1879. 

BOARD OP EDUCATION ELECTED. 

Am Act to give citirs, incorporated towns, tmonships and districts, in 
which free schools are now manafjed vnder special acfs, aitthority 
to elect hoards of educcdion having the same jiowers as boards of 
education now elected under the general free school laws of this 
State. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly : That any city, incorporated 
town, township or district having a population of not less than 1,000 
and not over 20,000 inhabitants, in which free schools are now man- 
aged under any special act, may, by vote of its electors, determine to 
elect, instead of the directors or other governing or managing board, 
now provided for by such special act, a board of education which 
shall be elected at the time and in the manner and have the powers 
now conferred by law upon boards of education of districts not gov- 
erned by any special act. 

§ 2. Upon petition of 50 voters of such city, town, township or 
district, presented to the board having the control and management 
of school in such city, town, township or district, it shall be the duty 
of such board, at the next ensuing election to he held in such city, 
town, township or district, to cause to be submitted to the voters 
thereof, giving not less than 15 days' notice thereof, by posting not 
less than five notices in the most public places in such city, town, 



lob 

township or district, the question of "electing a board of education 
having the powers conferred upon such boards in districts organized 
under the free school laws," which notice may be in the following 
form, to wit: 

Public notice is hereby gfiven that on the day of A. D. 

an eleetiou will hH held at between the hours of 

._ M. and M. ot said day, for the purpose of deciding the ques- 
tion of "elecrio^ a board of education having the powers conferred upon such 
boards in districts organized under the free school law." 

If it shall appear, upon a canvass of the returns of such election, 
that a majority of the votes cast at such election are "for electing a 
board of education having the powers conferred upon such boards in 
districts organized under the free school law," then at the time of 
the next regular election for boards of education under the free 
school law, there shall be elected a board of education for such dis- 
trict; and should there not be sufficient time to give the notice re- 
quired by law for such election, then such election may be held on 
any Saturday thereafter, but all subsequent elections shall be held 
at the time provided by the free school law. 

§ H. All acts and parts of acts in conflict with this act are hereby 
repealed. 

§ 4. Whereas, An emergency exists requiring this act to take 
immediate effect, therefore be it enacted that this shall be in force 
from and after its passage. 

Approved June 2, 1891. 

1. Where two statutes are clearly repugnant, the last enacted operates as 
a repeal of the former; aud a statute which revises the whole subject of a 
former one, and is intended as a substitute for it, operates as a repeal of the 
former, although no repealing words are used. People v. Hoard of Educa- 
tion, 16G 388. ' 

2. A board of education elected under the act to allow municipalities man- 
aging free schools under special charters to elect boards of education having 
the powers provided for such boards under the general law, h?.s no power to 
appoint a treasurer of the school fund, and the custody of such funds belongs 
to the township treasurer. Ihid. 

SCHOOL INSPECTORS ELECTED. 

As Aor extending the powers of Boards of School Inspectors elected 

under special acts. 

Section 1. Be it enacted hy the People of the Slate of Illinois, 
represented in the General Assembly: That in all cities in the 
State having over 20,000 and less than 100,000 inhabitants, whose 
schools are now operated under special law, and where, by such law, 
territory outside of the city limits is added to the territory within 
the city limits for school purposes, and where such school district or 
districts is not co-extensive with the township in which such city is 
situated, and where by such special law, boards of school inspectors, 
consisting of six members (three in each of two districts), are elected, 
the provisions of any such special law dividing such territory into 



159 

two districts shall be held to be only for the purpose of electing 
members of the board of school inspectors, and for all other pur- 
poses the territory in two such districis shall be held to be included 
in one school organization, and the board of school inspectors, in 
addition to the other powers given by such special law, and the gen- 
eral school laws, shall have power to employ school teachers, janitors 
and other employes as such board shall deem necessary, and to tix 
the amount of their compensation, to buy or lease sites for scliool 
houses, with the necessary grounds; to build, erect, lease or purchase 
buildings suitable for scliool houses, to repair and improve school 
houses, and to furnish them with the necessary supplies, fixtures, 
apparatus, libraries and fuel, and it shall be the duty of such board 
to take the entire supervision and control of the schools in such dis- 
trict or districts. (As amended by an act approved and in force 
June 11, 1897.) 

§ 2 All moneys necessary for the purposes mentioned in section 
one of this act shall bo raised as now provided by law, not to exceed 
the amount by law limited, and shall be held by the treasurer as a 
special fund for school purjjoses, subject to the order of school in- 
spectors, upon warrants to be countersigned by the mayor and city 
clerk. 

§ 3. The said board shall provide well-bound books at the ex- 
pense of the school tax fund, in which shall be kept a faithful 
record of all its proceedings. The yeas and nays shall be taken and 
entered on the record of the proceedings of the board upon all ques- 
tions involving the expenditure of money. 

§ 4. Whereas, An emergency exists, therefore this act shall take 
eflPect and be in force from and after its passage. 

Approved June 19, lb98. 

SCHOOL INSPECTORS. 

An Act increm^inq the nnmher of school inspectors^ elected under 
special acts, from sic to seven members. 

Section 1. Be it enncfed by the People of the State of Illinois, 
represented in the (iener(d Assemhlij: That in all cities in this 
State having over 10,000 and less than 100,000 inhabitants, whose 
schools are now operated under special law, and where, by such spec- 
ial laws, boards of school inspectors consisting of six members (three 
in each of two districts) are elected, such board shall hereafter con- 
sist of seven members; and at the time other members of such boards 
are elected in April, 18U5, and each three years thereafter, such ad- 
ditional member shall be elected for a term of three years, by all the 
voters entitled to vote at school elections of the entire school territory 
embraced in said two districts; and whenever such additional mem- 
ber is to be elected, he shall be designated and voted for as "member 
of board of school inspectors at large." 

§ 2. Whereas, An emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved March 6, 1895. 



160 

BOARD OF EDUCATION IN CERTAIN DISTRICTS. 

An Act to provide for the election of hoards of educaJion in school 
districts organized under special acts of the Legii-h dure of this 
btate, wliere sucJi school districts are mairdained under the gen- 
eral scho )l laws of this State, and where tfiere is no provision 
in such special acts for the election of boards of education. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Generel Assembly : That hereafter, in all scbool 
districts in this State organized under any special law of this State, 
and maintaining public schools under any general school laws of this 
State, where there is no provision in said special acts creating such 
special school districts, for the election of boards of education as 
otherwise provided, there shall be elected in each of said special 
school districts, in lieu of the school directors as now provided, a 
board of education, to consist of seven members to be elected at the 
time and in the manner as now provided by the general law for the 
election and qualitication of boards of education in other cases: 
Provided, that at the first election of such board, which shall be held 
on the third Saturday in April, A. D. 1898, two of such members 
shall be elected to serve one year, two to serve two years, and two to 
serve three years, and a president of such board shall be elected, 
whose term of office shall be one year; and annually thereafter there 
shall be elected in said school district two members of such board, 
whose term of office shall be three years, and there shall also 
be elected annually thereafter a president of said board. Said board 
of education, when so elected and qualified, shall have all the powers 
of trustees of schools in school townships as is now provided by 
general law. Said board of education, in addition to the powers of 
trustees aforesaid, shall also have all the powers of school directors 
as is now provided for by the general school law of this State; and in 
addition thereto and inclusive thereof, they shall have all the powers 
and perform all the duties of boards of education in school districts 
having a population of not less than 1,000 and not over 100.000 in- 
habitants under the general school law as the same now exists and 
as set forth in article 6 of the school law, or shall be conferred by 
any future alterations thereof by the Legislature. 

§ 2. Whereas, an emergency exists, therefore this act shall take 
effect from and after its passage. (As amended by act approved 
May 10, 1901.) 

An Act to provide for the election of hoards of education in cer- 
tain districts. 

Section 1. Be it enacted by the People of the State of TlKnois, 
represented in the General Assembly: That in all school districts 
in this State, having a population of over 85,000 by the last federal 
census, existing by virtue of any special charter, where the board of 
directors or board of education is elected or appointed by the com- 
mon council of the city, of which school district such city may form 
the whole or a part, and where there are no provisions in the special 



161 

charter creating such school district, for the election of a board of 
directors or board of education, there shall be elected hereafter in 
each of said school districts, in lieu of the present governing body, 
a board of education, to consist of seven members, to be elected at 
the same time and in the same manner, as provided by the general 
school law for the election of boards of education in school 
districts having a population of not less than 1,000 and not more 
than 100,000 inhabitants. Such board of education, when elected 
and qualified, shall have all the powers of trustees of schools in 
school townships. It shall also have all the powers of boards of 
directors, and in addition thereto, all the powers of boards of educa- 
tion elected by virtue of the general school law of this State. 
Appeoved May 15, 1903. 

GOVERNMENT OP SCHOOLS IN ANNEXED TEETITORT. 

An Act giving cities organized under special charters and hav- 
ing the government of public schools under such charters, the 
government of public schools in any territory annexed to said 
cities, with the right to levy and assess taxes for school purposes 
against the property in said territory so annexed. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cities in this 
State, having a population of less than twenty thousand, and incor- 
porated under any special law, whose public or common schools 
within the corporate limits of said city are governed by virtue of 
such special acts, where any territory has been heretofore, or may 
hereafter be annexed to said city for general corporate purposes, 
such territory so annexed shall be included in, and shall be subject 
to the control and government of said cities for school purposes up- 
on petition signed by a majority of the legal voters in the territory 
to be annexed as fully and to the same extent as if the said territory 
were originally within the corporate limits of said city as created by 
such special acts, and said territory, when so annexed, shall thereby 
become disconnected from any school district to which, prior to such 
annexation, it may have been connected or belonged. 

§ 2. All cities referred to in section 1 of this act shall have the 
right to levy, assess and collect taxes for school purposes in the ter- 
ritory so annexed, in the same manner, and as fully and to the same 
extent as the said cities may now have said right over the territory 
comprised within the original corporate limits of said cities. 

Approved April 12, 1899. 



-11 S. 



162 



EXISTING INDEBTEDNESS. 



An Act to allow directors of schools under special laws to assume 
and provide for indebtedness heretofore created by the authorities 
of a city for school purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever any city in 
this State is by special law made a school district, or whenever any 
school district created by special law shall be co-terminus with any 
city, the directors of such district shall have the power, at the re- 
quest of the city council, to assume and provide for, by borrowing 
and taxation, any indebtedness now existing, created by the authori- 
ties of the city for school purposes. 

Approved June 22, 1891. 

BONDS. 

An Act to authorize certain school districts to issue bonds for cer- 
tain purposes. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That for the purpose of build- 
ing or repairing school houses, or purchasing or improving school 
sites, any school district in this State existing by virtue of any special 
charter, and governed by such special charter and special or general 
laws, whose boundaries are CO- extensive with the boundaries of any 
incorporated city, town or village, where authorized by a majority of 
all the votes cast at an election called for that purpose, may borrow 
money, and as evidence of such indebtedness, may issue bonds in de- 
nominations of not less than one hundred (100) dollars, nor more 
than one thousand (1,000) dollars for a term not to exceed twenty 
(20) years, bearing interest at a rate not to exceed five (5) per 
centum per annum, payable annually, semi-annually or quarterly, 
and signed by the president and secretary of the board of education 
of such school district: Provided, That the amount borrowed in 
any one year shall not exceed, including existing indebtedness, five 
(5) per centum of the taxable property of such school district, to be 
ascertained by the last assessment for State and county taxes previous 
to incurring such indebtedness. 

§ 2. All bonds authorized by virtue of this act, before being is- 
sued, negotiated and sold, shall be registered, numbered and counter- 
signed by the treasurer of such school district. Such register 
[registration] shall be made in a book provided for this purpose and 
in this register shall be entered the record of the election authorizing 
such school district to issue bonds, and a description of the bonds 
issued, including the number, date, amount, rate of interest and 
when payable. 

§ 3. All moneys, borrowed by virtue of this act, shall be paid into 
the treasury of such school district, and upon receiving such moneys, 
the treasurer shall deliver the bond or bonds issued therefor, to the 



163 

person or persons entitled to receive the same, and shall credit the 
amoaut received to such school district. The treasurer shall record 
the exact amount received for each bond issued, and when any bond 
is paid the treasurer shall cancel the same, and enter in the register 
opposite the record of such bond, the words "paid and cancelled this 

day of , 19 .... ," filing the blanks with the date, 

month and year corresponding with the date of such payment. 

§ 4. Whenever it is desired to hold an election for the purpose of 
borrowing money, as provided by this act, the board of education of 
such school district in which such election is to be held, shall give 
at least ten (10) days' notice of the holding of such election, by post- 
ing notices in at least three public places in such district. Such 
notices shall specify the place where such election is to be held, the 
time of opening and closing the polls, and the proposition to be voted 
on. At such election two members of the board of education shall 
act as judges and one member shall act as clerk. The judges and 
clerk shall take the oath required of judges and clerks of an election 
held for county or township officers. At such election all votes shall 
be by ballot. 

§ 5. Within ten (10) days after such election the judges shall 
cause the poll book to be returned to the treasurer of the said school 
district, with a certificate thereon showing the result of such election. 
The poll book shall be filed by the treasurer, and shall be evidence 
of such election. For a failure to return the poll book to the treas- 
urer within the time prescribed, the judges of said election shall be 
liable, severally, to a penalty of not less than twenty five (25) dollars 
nor more than one hundred (100) dollars, to be recovered in a suit 
in the name of the People of the State of Illinois, before any justice 
of the peace, and when collected shall be added to the school fund of 
said district. 

§ 6. Where any such school district has heretofore issued bonds, 
or other evidences of indebtedness, on account of any public school 
building, or for any other purpose, which are now binding and sub- 
sisting obligations against such school district and remaining out- 
standing, such school district may, upon the surrender of any such 
bonds or any part thereof, or other evidence of indebtedness, ibsue in 
lieu thereof, to the holder or holders of said bonds, or to any person 
or persons, for money with which to take up the same, new bonds in 
accordance with the provisions of this act: Provided, such bonds 
shall not be issued so as to increase the aggregate indebtedness of 
such school district to exceed, including existing indebtedness, five 
(5) per centum of the taxable property of such school district, to be 
ascertained by the last assessment for the State and county taxes 
previous to incurring such indebtedness. 

§ 7. Whereas, an emergency exists, this act shall be in full force 
and effect from and after its passage. 

Approved and in force May 10, 1901, 



164 



ADDITIONAL ACTS. 



NUMBERING SCHOOL DISTRICTS. 

An Act to provide for numbering consecutively all school districts 
in each county in the State, and for numbering school districts 
which lie in two or more counties. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented tn the General Assembly: That all school districts shall 
be numbered consecutively in each county, beginning with number 

one, and each shall be designated as school district number 

county of and State of Illinois, and such designa- 
tion shall be for all purposes for which school districts are now des- 
ignated by number, township and range, or otherwise; and when any 
district lies in two or more townships or ranges, or in two or more 
counties, such district, as a whole, shall have only one number in the 
consecutive list. 

§ 2. It shall be tbs duty of the county superintendent of schools 
to prepare a map of his county on a scale of not less than two inches 
to the mile, and to clearly indicate thereon the boundary lines of all 
school districts, as established, and to plainly number such districts 
in consecutive order; and in case of districts composed of parts of 
two or more counties, the county superintendents of such counties 
shall agree upon the number to be given such districts, which shall 
not be a duplicate of any number in either of such counties. 

§ 3. The county superintendent shall furnish to township school 
treasurers a list of districts in his township, giving the former num- 
ber of the respective districts and the consecutive number thereof, 
as made upon the map of the county, and the county superintendent 
shall be authorized to demand of the board of trustees of townships, 
certified copies of maps and records of school districts, as organized; 
and in case of discrepancies or defects in defining the boundaries of 
school districts, the county superintendent or superintendents of two 
or more counties, in case of districts in two or more counties, acting 
jointly, shall be authorized to define such boundaries to conform to 
what may appear to have been the intention of the trustees when 
such boundaries were established; and when so defined by the county 



165 

superintendent or superintendents, acting jointly for two or more 
counties, such boundaries, so defined, shall stand until changed, as 
provided by law. 

§ 4. The county clerk of each county shall number the school dis- 
tricts on the maps in his office to correspond with the numbers of 
districts as established by this act, and shall use such numbers in 
computing and reporting school taxes, as required by law. Assessors 
shall return their assessments of each person's assessment of perwonal 
property by such consecutive numbers. 

§ 5. All acts or parts of acts in conflict herewith are hereby re- 
pealed. 

Approved May 10, 1901. 

WOMAN SUFFRAGE. 

An Aot to entitle women to vote at any election held for the purpose 
of chonsing any officer under the general or special school laws of 
this State. 

Section 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly : Any woman of the age of 
21 years and upwards, belonging to either of the classes mentioned 
in article 7 of the Constitution of the State of Illinois, who shall 
have resided in this State one year, in the county 90 days, and in the 
election district 30 days preceding any election held for the purpose 
of choosing any officer of schools under the general or special school 
laws of this State, shall be entitled to vote at such election in the 
school district of which she shall at the time have been for 30 days a 
resident: Provided, any woman so desirous of voting at any such 
election shall have been registered in the same manner as provided 
for the registration of male voters. 

§ 2. Whenever the election of public school officers shall occur 
at the same election at which other public officers are elected, the 
ballot ofPered by any woman entitled to vote under this act shall not 
contain the name of any person to be voted for at such elections, ex- 
cept such officers of public schools, and such ballots shall all be de- 
posited in a separate ballot box, but canvassed with other ballots 
cast for school officers at such election. 

Approved June 19, 1891. 

1. The act of 1891 authorizinsr women to vote at school elections, adopf^ 
onlv such of the qualifications prescribed for electors in section 1, article • 
of the Constitution of 1870 as require such electors to be citizens of th® 
United States above the aere of 21 years. Dorsey v. Brigham. 177-250. In 
this connection see People v. English, 139-632; Plummer v. Yost, 144 68; 
Achermanv. HaencJc, 147 514. 

2. The obvious purpo^se of this act was to permit women to vote for schoo 
officers, and caution w^s used to prevent their voting: to till other offices 
which mierht be included on the ballots cast oy men at the same election. It 
is true the act does mt in express terms forbid women voting on a proposi- 
tion submitted at said election, but neither does it expressly or by any fair 
implication permit them to do so. The sole purpose of tKis act was to per- 
mit women to vote for school officers. People v. Welsh, 70A-€41. 



166 

3. Women who have not resided in the county 90 days before an election for 
school oflS.cers, or who are under the agje of 21 years at the time of such elec- 
tion, are not legfal voters. Dorsey v. Brigham, 177-250. 

4. A woman who has resided in the county less than 90 days before an 
election for school oflBeers is not entitled to vote aJthougfh her husband hag 
been such resident for the full period, as, while the husband's domicile is 
constructively the wife's, actual residence is necessary. Ibid. 

5. An alien whose husband has declared his intention to become a citizen 
of the United States, but who is not yet entitled to receive his naturalization 
papers, is not entitled to vote at an election for school officers. Ibid. 

6. A vote cast by a foreign-born woman whose husband was never natural- 
ized, and who has not been naturalized herself, is illegal. * * * * * * 
Women who have not resided in the county where a school district is situated, 
for 90 days preceding the election for school director, are not entitled to 
vote. ****** The statutory requirements of residence of one year 
in the State, 90 days in the county and 30 days in the election district, apply 
to women voting at school elections. Colher v. Anlicker, 189-34. 

SCHOOL ATTENDANCE LAW. 

An Act io promote attendance of children in schools and to prevent 

truancy. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General, Assembly: Every person having control 
of any child between the ages of seven (7) and fourteen (14) years 
shall annually cause such child to attend some public or private 
school for the entire time during which the school attended is in 
session, which period shall not be less than 110 days of actual teach- 
ing: Provided, That this act shall not apply in any case where the 
child has been or is being otherwise instructed, for a like period of 
time in each and every year in the elementary branches of education 
by a person or persons competent to give such instruction, or whose 
physical or mental condition renders his or her attendance imprac- 
ticable or inexpedient, or who is excused for temporary absence for 
cause by the principal or teacher in charge of the school which said 
child attends. (As amended by act approved May 18, 1903.) 

§ 2. For every neglect of such duty prescribed by section 1 of 
this act, the person so offending shall forfeit to the use of the public 
schools of the city, town or district in which such child resides, a 
sum not less than five dollars ($5) nor more than twenty dollars 
($20) and costs of suit, and shall stand committed until such fine 
and costs of suit are fully paid. (As amended by act approved May 
lb, 1903.) 

§ 3. The board of education in cities, towns, villages and school 
districts, and the board of school directors in school districts, shall 
appoint at the time of appointment or election of teachers each year 
one or more truant officers, whose duty it shall be to report all vio- 
lations of this act to said board of education or board of directors 
and to enter complaint against and prosecute all persons who shall 
appear to be guilty of such violation. It shall alao be the duty of 
said truant officer so appointed to arrest any child of school- going 
age that habitually haunts public places and has no lawful occupa- 



167 

tion, and also any truant child who absents himself or herself from 
school, and to place him or her in charge of the teacher having 
charge of any school which said child is by law entitled to attend, 
and which school shall be designated to said officer by the parent, 
guardian or person having control of said child. In case such parent, 
guardian or person shall designate a school without making or hav- 
ing made arrangemeats for the reception of said child in the school 
so designated, or in case he refuses or fails to designate any school, 
then such truant officer shall place such child in charge of the teacher 
of the public school. And it shall be the duty of said teacher to 
assign said child to the proper class and to instruct him or her in 
such studies as he or she is fitted to pursue. The truant officer so 
appointed shall be entitled to such compensation for services ren- 
dered under this act as shall be determined by the boards appointing 
them, and which compensation shall be paid out of the distributable 
school fund; Provided, that nothing herein contained shall prevent 
the parent, guardian or person having charge of such truant child, 
which has been placed in any school by the truant officer, to there- 
after send said child to any other school which said child is by law 
entitled to attend. 

§ 4. Any person having control of a child who, with intent to 
evade the provisions of this act, shall make a falsa statement concern- 
ing the age of the child, or the time such child has attended school, 
shall for such ofPense forfeit a sum of not less than three dollars ($8) 
nor more than twenty dollars ($20) for the use of the public schools 
in such city, town, village or district. (As amended by act approved 
May 13, 1903.) 

§ 5. Any fine and penalty mentioned in this act may be sued for 
and recovered before any court of record or justice of the peace of 
the proper county, in the name of the People of the State of Illinois 
for the use of the public schools of the city, town, village or district 
in which said child resides. 

Approved June 11, 1897. 

FLAGS. 

An Act to provide for placing United States national flags on 
school houses, court houses and other public buildings in this 
State, and to repeal certain acts therein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be the duty of 
the board of supervisors in counties under township organization, 
and the board of commissioners in counties not under township 
organization, to provide United States national flags of not less than 
4x8 feet in size, to be unfurled and kept floating from a suitable flag 
staff to be placed on the top of the court house in their respective 
counties, and it is hereby made the duty of the sheriff of each and 



168 

every county in the State to see that the flag so provided shall be 
hoisted on its flag staff above the court house and kept floating from 
8:00 o'clock a. m. to 5:00 o'clock p. m. on each and every legal holi- 
day of the year, and on such other days as the board of supervisors 
or the board of county commissioners may direct, 

§ 2. The commissioners or trustees of all penal and reformatory, 
State educational and State charitable institutions of this State 
shall provide United States national flags of not less than 10x20 feet 
in size, and cause the same to be unfurled and kept floating above 
the said penal and reformatory, State educational and State charit- 
able institutions, or on a suitable flag pole from 8:00 o'clock a. m. to 
5:00 o'clock p. m. on each and every legal holiday in the year, and on 
such other days as the commissioners or trustees may determine. 

§ 8. The directors or board of education of every school district 
in the State of Illinois shall have power to cause to be erected and 
to keep in repair upon all public school houses or within the school 
grounds surrounding such public school buildings, which may be in 
their respective school districts, a good and suflBcient flag staff or 
pole, together with all necessary adjustments, and that they shall 
provide a United State national flag of not less than 4x8 feet in size, 
which shall be floated from such flag staff or pole during the school 
hours of such days as the directors or board of education may deter- 
mine: Provided, that the flag shall not be hoisted on any court 
house. State institution or public school building during any day 
when a violent storm or inclement weather would destroy or materi- 
ally injure such flag. 

§ 4. The flag used by any and all State institutions, as provided 
for in this act, shall be paid for out of the funds appropriated for the 
running expenses of said institutions, the same as other necessary 
supplies are bought and paid for, and the flags for use over court 
houses and public school buildings are hereby declared to be neces- 
sary supplies, and may be paid for out of the public funds of the re- 
spective counties or school districts. 

§ 5. Any person or persons who shall wilfully injure, deface or 
destroy any flag, flag staff or pole, or adjustments attached thereto, 
erected and arranged for the purpose of carrying out the require- 
ments of this act, shall be deemed guilty of a misdemeanor, and upon 
conviction shall be fined not less than one (1) dollar nor more than 
fifteen (15) dollars. 

§ 6. That an act entitled, "An act to provide for placing the 
United States national flags on school houses, court houses and other 
buildings in the State," became a law June 26, 1895, in force July 1, 
1895; and an act entitled, "An act to require the United States flag 
to be placed upon all public buildings in Illinois, or upon a flag pole 
erected within the school grounds surrounding such school build- 
ings," became a law June 26, 1895, in force July 1, 1895, be and the 
same are hereby repealed. 

Approved June 2, 1897. 



169 



PHYSIOLOGY AND HYGIENE. 



An Act relating to the study of physiology and hygiene in the pub- 
lic schools. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the nature of alcoholic 
drinks and other narcotics and their effects on the human system 
shall be taught in connection with the various divisions of physiology 
and hygiene as thoroughly as are other branches in all schools under 
State control, or supported wholly or in part by public money, and 
also in all schools connected with reformatory institutions. 

All pupils in the above mentioned schools below the second year 
of the high schools and above the third year of school work, comput- 
ing from the beginning of the lowest primary year, or in correspond- 
ing classes of ungraded schools, shall be taught and shall study this 
subject every year from suitable text- books in the hands of all pupils, 
for not less than four lessons a week for ten or more weeks of each 
year, and must pass the same tests in this as in other studies. 

In all schools above mentioned all pupils in the lowest three pri- 
mary school years, or in corresponding classes in ungraded schools, 
shall each year be instructed in this subject orally for not less than 
three lessons a week for ten weeks in each year, by teachers using 
text-books adapted for such oral instruction as a guide and standard. 

The local school authorities shall provide needed facilities and def- 
inite time and place for this branch in the regular coursee of study. 

The text-books in the pupils' hands shall be graded to the capaci- 
ties of the fourth year, intermediate, grammar and high school 
pupils, or to corresponding classes as found in ungraded schools. 

For students below high school grade such text- books shall give at 
least one fifth their space, and for students of high school grade 
shall give not less than twenty pages to the nature and effects of 
alcoholic drinks and other narcotics. The pages on this subject, in 
a separate chapter at the end of the book, shall not be counted in 
determining the minimum. 

§ 2. In all normal schools, teachers' training classes and teach- 
ers' institutes, adequate time and attention shall be given to instruc- 
tion in the best methods of teachtng this branch, and no teacher 
shall be licensed who has not passed a satisfactory examination in 
this subject and the best methods of teaching it. 

Any school officer or officers who shall neglect or fail to comply 
with the provisions of this act shall forfeit and pay for each offense 
the sum of not less than five dollars nor more than twenty-five dol- 
lars. 

Approved June 9. 1897. 



170 



CHILD LABOR. 



An Act to regulate the employment of children in the State of Illi- 
nois, and to provide for the enforcement thereof. 

Section 1. Child under Fourteen Years. Be it enacted by 
the People of the State of Illinois represented in the General As- 
sembly : That no child under the age of li years shall be employed, 
permitted or suffered to work at any gainful occupation in any thea- 
tre, concert hall or place of amusement where intoxicating liquors 
are sold, or in any mercantile institution, store, office, hotel, laun- 
dry, manufacturing establishment, bowling alley, passenger or freight 
elevator, factory or workshop or as messenger or driver thereof, 
within this State. That no child under 14 years of age shall be em- 
ployed at any work performed for wages or other compensation, to 
whomsoever payable, during any portion of any month when the 
public schools of any town, township, village or city in which he or 
she resides are in session, nor be employed at any work before the 
hour of 7:00 o'clock in the morning or after the hour of 6:00 o'clock 
in the evening: Provided, That no child shall be allowed to work 
more than eight hours in any one day. 

§ 2. Register. It shall be the duty of every person, firm or cor- 
poration, agent or manager of any firm or corporation employing 
minors over 14 years and under 16 years of age in any mercantile 
institution, store, office, hotel, laundry, manufacturing establishment, 
bowling alley, theatre, concert hall or place of amusement, passenger 
or freight elevator, factory or workshop or as messenger or driver 
therefor, within this State, to keep a register in said mercantile in- 
stitution, store, office, hotel, laundry, manufacturing establishment, 
bowling alley, theatre, concert hall or place of amusement, factory or 
workshop in which said minors shall be employed or permitted or 
suffered to work, in which register shall be recorded the name, age 
and place of residence of every child employed or suffered or per- 
mitted to work therein, or as messenger or driver therefor, over the 
age of 14 and under the age of 16 years; and it shall be unlawful for 
any person, firm or corporation, agent or manager, of any firm or 
corporation to hire or employ, or to permit or suffer to work in any 
mercantile institution, store, office, hotel, laundry, manufacturing 
establishment, bowling alley, theatre, concert hall or place of amuse- 
ment, passenger or freight elevator, factory or workshop), or as mes- 
senger or driver therefor, any child under the age or 16 years and 
over 14 years of age, unless there is first produced and placed on file 
in such mercantile institution, store, office, hotel, laundry, manufac- 
turing establishment, bowling alley, factory or workshop, theatre, 
concert hall or place of amusement, an age and school certificate 
approved as hereinafter provided. 

§ 3. Wall Lists. Every person, firm or corporation, agent or 
manager of a corporation employing or permitting or suffering to 
work five or more children under the age of 16 years and over the 
age of ] 4 in any mercantile institution, store, office, laundry, hotel, 
manufacturing establishment, factory or workshop, shall post and 



171 

keep posted in a conspicuous place in every room in which such help 
is employed, or permitted or suffered to work, a list containing the 
name, age and place of residence of every person under the age of 
16 years employed, permitted or suffered to work in such room. 

§ 4. Age and School Certificate. No child under 16 years of age 
and over 14 years of age shall be employed in any mercantile institu- 
tion, store, office, hotel, laundry, manufacturing establishment, bowl- 
ing alley, theatre, concert hall, or place of amusement, passenger or 
freight elevator, factory or workshop, or as messenger or driver 
therefor, unless there is first produced and placed on file in such 
mercantile institution, store, office, hotel, laundry, manufacturing 
establistiment, bowling alley, theater, concert hall or place of amuse- 
ment, factory or workshop, and accessible to the State factory in- 
spector, assistant factory inspector or deputy factory inspector, an 
age and school certificate as hereinafter prescribed; and unless there 
is kept on file and produced on demand of said inspectors of factories 
a complete and correct list of all the minors under the age of 16 
years so employed who cannot read at sight and write legible simple 
sentences, unless such child is attending night school as hereinafter 
provided. 

§ 5. Age and School Certificate — How Approved. An age and 
school certificate shall be approved only by the superintendent of 
schools or by a person authorized by him in writing; or where there 
is no superintendent of schools, by a person authorized by the school 
board: Provided, that the superintendent or principal of a parochial 
school shall have the right to approve an age and school certificate 
and shall have the same rights and powers as the superintendent of 
public schools to administer the oatbs herein provided for children 
attending parochial schools: Provided, further, that no member of 
a school board or other person authorized as aforesaid shall have au- 
thority to approve such certificates of any child then in or about to 
enter his own establishment, or the employment of a firm or corpora- 
tion of which he is a member, officer or employ^. The person ap- 
proving these certificates shall have authority to administer the oath 
provided herein, but no fee shall be charged therefor. It shall be 
the duty of the school board or local school authorities to designate 
a place (connected with their offices, when practicable) where certi- 
ficates shall be issued and recorded, and to establish and maintain 
the necessary records and clerical service for carrying out the pro- 
visions of this act. 

§ 6. Proof of Age. An age and school certificate shall not be 
approved unless satisfactory evidence is furnished by the last school 
census, the certificate of birth or baptism of such child, the register 
of birth of such child with a town or city clerk, or by the records of 
of the public or parochial schools, that such child is of the age 
stated in the certificate: Provided, that in cases arising wherein 
the above proof is not obtainable, the parent or guardian of the child 
shall make an oath before the juvenile or county court as to the age 
of such child, and the court may issue to said child an age certificate 
as sworn to. 



172 

§ 7. Employment Ticket. The age and school certificate of a 
child under 16 years of age shall not be approved and signed until 
he presents to the person authorized to approve and sign the name, 
a school attendance certificate, as hereinafter prescribed, duly filled 
out and signed. A duplicate of such age and school certificate shall 
be filled out and shall be forwarded to the State Factory Inspector's 
office. Any explanatory matter may be permitted with such certificate 
in the discretion of the school board or superintendent of schools. 
The employment and the age and school certificates shall be sepa- 
rately printed and shall be filled out, signed and held or surrendered 
as indicated in the following forms: 

SCHOOL CERTIFICATE. 



, (name of school.) (city or town and date.) 
This certifies of the , can read and 

(name of minor.) (grade.) 

write legibly simple sentences. 

This also certifies that according to the records of this school, and in my 

belief, the said was born at 

(name of minor.) (name of city or town.) 

m on and is now 

(name of county.) (date.) (number of years and months.) 

old. 



(name of parent or guardian.) 
(residence.) 



(signature of teacher.) (grade.) 
correct 

(name of principal.) 



(name of school.) 
EVENING SCHOOL ATTENDANCE CERTIFICATE. 



. (date.) 

This certifies that is registered in and regularly 

(name of minor.) 
attends the evening school. 

This also certifies that according to the records of my school and in my 

belief the said was born at 

(name of minor.) (name of city or town.) 
on the — th day of , and is now 

(year.) (number of years and months.) 

old. 



(name of parent or guardian.) 

(residence.) 
(signature of teacher.) 
(signature of principal.) 



173 

AGE AND SCHOOL CERTIPIOATB. 

This certifies that I am of 

(father, mother, custodian or ffuardlan) (name of minor) 

and that was born at in the 

(he or she) (name of town or city) 

and on the 

(name of county.if known) (state or country of) (day of birth and 

and is now old. 

year of birth) (number of years and mouths) 



(Signature of parent, custodian or guardian.) 



(City or town and date.) 
There personally appeared before me the above named 



(name ofperson sigrnins:) 

and made oatt that the foregoing certificate by signed is true 

(him or her) 

to the best of knowledge. I hereby approve the foregoing oer- 

(his or her) 

tificate of , height , weight 

(name of child) (feet and inches) (pounds) 

complexion , hair , having no sufficient reason to 

(fair or darli) (color) 

doubt that is of the age therein certified. 

(he or she) 

Owner of Certificate. This certificate belongs to 

(name of child In whose 

and is to be surrendered to whenever 

behalf it is drawn) . (him or her) l 
leaves the service of the corporation or employer holding the 

(he or she) . . . 

same; but if not claimed by said child withm 30 days from such time it shall 
be returned to the superintendent of schools, or where there is no superin- 
tendent of schools, to the school board. 



(Signature of person authorized to approve and 
sign, with official character authority.) 



(Town or city, and date.) 



Illiteracy. In the case of a child who cannot read at eight and 
write legibly simple sentences, the certificate shall continue as fol- 
lows, after the word sentences: 

"I hereby certify that is regularly attending the 

(he or she) (name of 



public or parochial evening school) 

This certificate shall continue in force just as long as the regular 
attendance of said child at said evening school is certified weekly by 
the teacher and principal of said school. 

Evening School. In any city or town in which there is no public 
or parochial evening school, an age and school certificate shall not 
be approved for a child under the age of sixteen years who can not 
read at sight and write legibly simple sentences. When the public 
or parochial evening schools are not in session an age and school 
certificate shall not be approved for any child who can not read at 
sight and write legibly simple sentences. The certificate of the 
principal of a public or parochial school shall be prima facie evi- 
dence as to the literacy or illiteracy of the child. 



174 

§ 8. Schooling required. No person shall employ any minor over 
fourteen years of age and under sixteen years, and no parent, guard- 
ian or custodian shall permit to be employed any such minor under 
his control, who can not read at sight and write legibly simple sen- 
tences, while a public evening school is maintained in the town or 
city in which such minor resides, unless such minor is a regular at- 
tendant at such evening school. 

§ 9. Duties of State Inspector of Factories. The State Inspector 
of Factories, his assistants or deputies, shall visit all mercantile in- 
stitutions, stores, offices, laundries, manufacturing establishments, 
bowling alleys, theatres, concert halls or places of amusement, facto- 
ries or workshops, and all other places where minors are or may be 
employed, in this State, and ascertain whether any minors are em- 
ployed contrary to the provisions of this act. Inspectors of factories 
may require that age and school certificates, and all lists of minors 
employed in such factories, workshops, mercantile institutions, and 
all other places where minors are employed as provided for in this 
act, shall be produced for their inspection, on demand. 

And, Provided, further, That upon written complaint to the 
school board or local school authorities of any city, town, district or 
municipality, that any minor (whose name shall be given in such 
complaint) is employed in any mercantile institution, store, office, 
laundry, manufacturing establishment, bowling alley, theatre, con- 
cert hall or place of amusement, passenger or freight elevator, fac- 
tory or workshop, or as messenger or driver therefor, contrary to the 
provisions of this act, it shall be the duty of such school board or 
local authority to report the same to the State Inspector of Factories. 

§ 10. Hours of Labor, No person under the age of sixteen 
years shall be employed or sufiPered or permitted to work at any 
gainful occupation more than forty-eight hours in any one week, nor 
more than eight hoars in any one day; or before the hours of seven 
o'clock in the morning or after the hour of seven o'clock in the 
evening. Every employer shall post in a conspicuous place in every 
.room where such minors are employed a printed notice stating the 
hours required of them each day of the week, the hours of com- 
mencing and stopping work and the hours when the time or times 
allowed for dinner or for other meals begins aad ends. The printed 
form of such notice shall be furnished by the State inspector of fac- 
tories, and the employment of any such minor for longer time in any 
day so stated shall be deemed a violation of this section. 

§ 11. Employments Forbidden Children Under Sixteen Years 
of Age. No child under the age of sixteen years shall be employed 
at sewing belts, or to assist in sewing belts, in any oapacity what- 
ever; nor shall any child adjust any belt to any machinery; they 
shall not oil or assist in oiling, wiping or cleaning machinery; they 
shall not operate or assist in operating circular or band saws, wood- 
shapers, wood- jointers, planers, sandpaper or wood-polishing machin- 
ery, emery or polishing wheels used for polishing metal, wood-turn- 
ing or boring machinery, stamping machines in sheet metal and tin- 



175 

ware manufacturing, stamping machines in washer and nut factories, 
operating corrugating rolls, such as are used in roofing factories, nor 
shall they be employed in operating any passenger or freight eleva- 
tors, steam boiler, steam machinery, or other steam generating ap- 
paratus, or as pin boys in any bowling alleys; they shall not operate 
or assist in operating, dough brakes, or cracker machinery of any 
description; wire or iron straightening machinery, nor shall they 
operate or assist in operating rolling mill machinery, punches or 
shears, washing, grinding or mixing mill or calendar rolls in rubber 
manufacturing, nor shall they operate or assist in operating laundry 
machinery; nor shall children be employed in any capacity in pre- 
paring any composition in which dangerous or poisonous acids are 
used, and they shall not be employed in any capacity in the manu- 
facture of paints, colors or white lead; nor shall they be employed in 
any capacity whatever in operating or assisting to operate any pas- 
senger or freight elevator; nor shall they be employed in any capac- 
ity whatever in the manufacture of goods for immoral purposes, or 
any other employment that may be considered dangerous to their 
lives or limbs, or where their health may be injured or morals de- 
praved; nor in any theatre, concert hall, or place of amusement 
wherein intoxicating liquors are sold; nor shall females under sixteen 
years of age be employed in any capacity where such employment 
compels them to remain standing constantly, 

§ 12. Prima facie evidence of a child's employment. The pres- 
ence of any person under the age of sixteen years in any manufac- 
turing establishment, factory or workshop, shall constitute prima 
facie evidence of his or her employment therein. 

§ 13. Enforcement of the provisions of this Act. It shall be 
the special duty of the State Factory Inspector to enforce the pro- 
visions of this act, and to prosecute all violations of the same before 
any magistrate or any court of competent jurisdiction in this State. 
It shall be the duty of the State Factory Inspector, assistant State 
factory inspectors and deputy State factory inspectors, under the 
supervision and direction of the State Factory Inspector, and they 
are hereby authorized and empowered to visit and inspect, at all 
reasonable times, and as often as possible, all places covered by 
this act. 

§ 14, Penalty. Whoever, having under his control a child under 
the age of sixteen years, permits such child to be employed in viola- 
tion of the provisions of this act, shall, for each offense, be fined not 
less than $5 nor more than $25, and shall stand committed until such 
fine and costs are paid. 

A failure to produce to the inspector of factories, his assistants or 
deputies, any age and school certificates, or lists required by this act, 
shall constitute a violation of this act, and the person failing, shall, 
upon conviction, be fined not less than $5 nor more than $50 for each 
offense. Every person authorized to sign the certificate prescribed 
by section 7 of this act, who certifies to any materially false state- 
ment therein, shall be deemed guilty of a violation of this act, and 



176 

upon, conviction be fined not less than $5 nor more than $100 for 
each offense, and shall stand committed until such fine and costs are 
paid. 

Any person, firm or corporation, agent or manager, superintendent 
or foreman, of any firm or corporation, whether for himself or for 
such firm or corporation, or by himself, or through sub-agents or 
foreman, superintendent or manager, who shall violate or fail to com- 
ply with any of the provisions of this act, or shall refuse admittance 
to premises, or otherwise obstruct the factory inspector, assistant fac- 
tory inspector, or deputy factory inspector, in the performance of 
their duties, as prescribed by this act, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be fined not less 
than $5 nor more than $100 for each offense, and shall stand com- 
mitted until such fine and costs are paid. 

§ 15. Repeal. "An act to prevent child labor," approved June 
17, 1891, in force July 1, 1891, and all other acts and parts of acts in 
conflict with this act, are hereby repealed. 

Approved May 15, 1903. 

KINDERGARTEN SCHOOLS. 

An Act authorizing school districts managed hy hoards of education 
and directors to establish and maintain kindergarten schools. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That in addition to other 
grades or departments now established and maintained the public 
schools of the State, any school district managed by a board of edu- 
cation or a board of directors is hereby empowered, when authorized 
by a majority of all the votes cast at an election for that purpose, 
such election to be called and held in accordance with the provisions 
of article 9 of an act entitled "An act to establish and maintain a 
system of free schools," approved and in force May 21, 1889, to estab- 
lish in connection with the public schools of such district, a kinder- 
garten or kindergartens for the instruction of children between the 
ages of four and six years, to be paid for in the same manner as other 
grades and departments now established and maintained in the pub- 
lic schools of such district. No money accruing to such district from 
the school tax fund of the State shall be used to defray the tuition or 
other expenses of such kindergarten, but the same shall be defrayed 
from the local tax and the special school revenue of said district. 

§ 2. All teachers in kindergartens established under this act shall 
hold a certificate issued as provided by law. certifying that the holder 
thereof has been examined upon kindergarten principles, and is com- 
petent to teach the same. 

Approved April 17, 1895. 



177 

SCHOOLS FOR OBIPPLED CHILDREN, 

An Act aufhorizivg school districts rncmaged hy hoards of education 
or direciors to establish and maintain sclwols or classes for crip, 
pled children in the pubHc schools, and authorizing payment there- 
for from the SUde common school funds. 

Section 1. Be it enacted hy the People of the Slate of Illinois, 
represented in the General Assembly: That upon application by a 
board of education or directors of any school district of the State to 
the State Superintendent of Public Instruction, he shall grant per- 
mission to such board of education or directors, and such board of 
education or directors shall thereupon bo empowered to maintain 
public schools, within its limits, for one or more classes, having an 
average attendance of not less than fifteen pupils, for instruction of 
crippled children over the age of six and under twenty-one years, res- 
idents of the State of Illinois, 

§ 2. Such board of education or directors wliich shall maintain 
one or more schools for instruction of crippled children shall report 
to the State Superintendent of Public Instruction annually, and as 
often as said superintendent shall direct, such facts concerning such 
school or schools as he may require. 

§ 8, The county superintendent of schools in each county is here- 
by authorized and directed to apportion and pay out of the State 
common school fund received by such county to the treasurer or other 
financial officer of such board of edncation or directors maintaining 
such school or schools for the instruction of crippled children, the 
sum of one hundred and fifty dollars for each crippled pupil, resident 
of such county, instructed in any such school for at least nine months 
during the school year, and a share of such sum proportionate to the 
term of instruction of any such pupil as shall be so instructed less 
than nine months during such year. If no such school shall be main- 
tained in any such county, but persons residing in such county shall 
attend such school in an adjoining county, with the permission of the 
county superintendent of the county not maintaining such school, 
then said superintendent s'nall pay to the financial oflScerof the board 
of education or directors of tlie district maintaining such school the 
amount above specified for each pupil attending such school in such 
other county. 

§ 4. The sums provided in the next preceding section shall be 
paid by such county superintendent of schools as soon as may be 
after the receipt by him of the State common school fund in each 
year, upon satisfactory proof being made to him by the president 
and the secretary or clerk of such board of education or directors 
maintaining such school, of the number of pupils instructed in such 
school or schools, and their residence, and the period of time each 
such pupil shall have been so instructed in each school or schools - 
for the preceding school year. 



—12 S. 



178 

§ 5. All teachers in such schools shall be appointed by the State 
Superintendent of Public Instruction upon application of the board 
of education or directors of the school district maintaining such 
school or schools; the State Superintendent of Public Instruction to 
have the power to remove such teachers for cause. No person shall 
hereafter be appointed to teach any such class who shall not have 
first obtained a teacher's certificate, as provided by law, and who 
shall not have received specific instruction in the teaching of crip- 
pled children for a term of not less than one year. 

Appeoved May 18, 1903. 

CLASSES FOR THE DEAF. 

An Act authorizing school districts managed by hoards of educa- 
tion or directors to establish and maintain classes for the deaf in 
the public schools, and authorizing payment therej or from tState 
common school funds. 

Section 1. Be it enacted by the People of the State of Illinois f 
represented in the General Assembly; That upon application by a 
board of education or directors of any school district of the State to 
the State Superintendent of Public Instruction, he shall grant per- 
mission to such board of education or directors, and such board of 
education or directors shall thereupon be empowered to maintain as 
part of a public school, within its limits, one or more classes, having 
an average attendance of not less than three pupils, for instructioQ 
of deaf persons over the age of three and under twenty-one years, 
residents of the State of Illinois. 

§ 2. Such board of education or directors which shall maintain 
one or more classes for the instruction of the deaf shall report to the 
State Superintendent of Public Instruction annually, and as often as 
said superintendent shall direct, such facts concerning such class or 
classes as he may require. 

§ 3. The county superintendent of schools in each county is 
hereby authorized and directed to apportion and pay out of the 
State common school fund received by such county, to the treasurer 
or other financial otficer of such board of education or directors 
maintaining such class or classes for the instruction of the deaf, the 
sum of one hundred and fifty dollars for each deaf pupil, resident of 
such county, instructed in any such class for at least nine months 
during the school year, and a share of such sum proportionate to the 
term of instruction of any such pupil as shall be so instructed less 
than nine months during such year. If no such class shall be main- 
tained in a public school in any county, but persons residing in such 
county shall attend such class in an adjoining county with the per- 
mission of the county superintendent of the county not maintaining 
such class, then said superintendent shall pay to the financial officer 
of the board of education or directors of the district maintaining 
such class the amount above specified for each pupil attending such 
.class in such other county. 



179 

§ 4. The sums provided in the next preceding section shall be 
paid by such county superintendent of schools as soon as may be 
after the receipt by bim of the State common school fund in each 
year, upon satisfactory proof being made to him by the president 
and the secretary or clerk of such board of education or directors 
maintaining such class, of the number of pupils instructed in such 
class or classes, and their residences, and the period of time each 
such pupil shall have been so instructed in each class or classes for 
the preceding school year. 

§ 5. All teachers in such classes shall be appointed by the State 
Superintendent of Public Instruction upon application of the board 
of education or directors of the school district maintaining such 
class or classes; the State Superintendent of Public Instruction to 
have the power to remove such teachers for cause. No person shall 
be appointed to teach any such class who shall not have tirst ob- 
tained a teacher's certificate, as provided by law, and who shall not 
have received specific instruction in the teaching of the deaf for a 
term of not less than one year. 

Approved June 11 , 1897. 

MANUAL TRAINING IN HIGH SCHOOLS. 

An Act to provide for the ef^tahhshmpnt and maintenance of manual 
training departments for high schools. 

Section 1. Be it enacfed by the People of the State of Illinois, 
represented in the General Assembly: That upon the petition of 
not less than fifty voters of any high school district, filed with the 
township treasurer at least fifteen days preceding the regular elec- 
tion of members of the board of education for said high school dis- 
trict, it shall be the duty of said treasurer to notify the voters of said 
district that an election '"For" or "Against" the establishment of a 
manual training department for said high school will be held at the 
next annual election of the board of education by posting notices of 
such election in at least ten of the most public places throughout 
the township for at least ten days before the day of such regular 
election, which notice may be in the following form: 

HIGH SCHOOL ELECTION. 

Notice is hereby given that on Saturday, the day of April, 

A. D , an election will be held at for the purpose of 

voting "For" or "Against" the proposition to establish a manual training de- 
partment for the high school in township No , range No The 

polls for said electiou will be opened at o'clock and close at o'clock 

of said day. 



Township Treasurer. 

§ 2. The ballots for such election shall be received and canvassed 
as in other elections, and may have on them the names of the board 
of education voted for at said election. 



180 

§ 3. If a majority of the votes cast at such election shall be in 
favor of establishing a manual training department for the high 
school in said district, it shall be the duty of the board of education 
to establish and maintain therein such department as a part of the 
high school. 

Approved June 3, 1897. 

MANUAL TRAINING. , 

An Act to revise the law in relation to apprentices. 

Section 10. In all indentures it shall be provided that the master 
shall cause such clerk, apprentice or servant to be taught to read and 
write, and the ground, rules of arithmetic; and also that at the ex- 
piration of such term of service, the master shall give to such appren- 
tice a new Bible and two complete suits of new wearing apparel suit- 
able to his or her condition in life, and $20 in money in all cases 
where the term of service has been one year or more. 

In all municipalities where a manual training school is maintained 
for the technical instruction of apprentices, such indentures shall 
further provide that it sball be the duty of the master to cause the 
apprentice to attend such school for at least three consecutive months 
in each >ear without expense to the apprentice. (As amended by 
an act approved May 15, 1903.) 

PARENTAL SCHOOLS. 

An Act to enahle hoards of educaiion or hoards of school trustees 
to establish and maintain parental or truant schools. 

Section 1. Be it enacted hy the People of ihp. State of Illinois, 
represenied in the General Assembly: That in cities having a pop- 
ulation of 100,000 inhabitants or more, there shall be established, 
maintained and conducted, within two years from the date of taking 
effect of this act, one or more parental or truant schools for the pur- 
pose of affording a place of confinement, discipline, instruction and 
maintenance of children of compulsory school age who may be com- 
mitted thereto in the manner hereinafter provided. 

§ 2. For the purpose of establishing such school or schools, sites 
may be purchased and buildings constructed or premises rented in 
the same manner as is provided for in the case of public schools in 
such cities; but no such school shall be located at or near any penal 
institution. And it shall De the duty of the board of education to 
furnish such schools with such furniture, fixtures, apparatus and 
provisions as may be necessary for the maintenance and operation 
thereof. 

§ 3. The board of education may also employ a superintendent 
and all other necessary ofl&cers, agents and teachers; and shall pre- 
scribe the methods of discipline and the course of instruction; and 
shall exercise the same powers and perform the same duties as is 
prescribed by law for the management of other schools. 



181 

§ 4. No religious instruction shall be given in said school except 
such as is allowed by law to be given in public schools; but the board 
of education shall make suitable regulations so that the inmates may 
receive religious training in accordance with the belief of the parents 
of such children, either by allowing religious services to be held in 
the iostitution or by arranging for attendance at public service else- 
where. 

§ 5. It shall be the duty of the truant officer or agent of such 
board of education to petition, and any reputable citizen of the city 
may petition, the county or circuit court of the county, to inquire 
into the case of any child of compulsory school age who is not attend- 
ing school, and who has been guilty of liabitual truancy, or of persis- 
tent violation of the rules of the public school, and the petition shall 
also state the names, if known, of the father and mother of such child, 
or the survivor of them; and if neither father nor mother of such 
child is living, or can not be found in the county, or if their names 
can not be ascertained, then the name of the guardian if there be one 
known; and if there be a parent living whose name can be ascer- 
tained, or a guardian, the petition shall show whether or not the 
father or mother or guardian consents to the commitment of such 
child to such parental or truant school. Such petition shall be veri- 
fied by oath upon the belief of the petitioner, and upon being filed 
the judge of the county or circuit court shall have such child named 
in tlie petition brought before him for the purpose of det^^rmining 
the application in said petition contained. But no child shall be 
committed to such school who has ever been convicted of any offense 
punishable by coufiuement in any penal institution. 

§ 6. Upon the finding of such petition the clerk of the court shall 
issue a writ to the sheriff of the county directing him to bring such 
child before the court, and if the court shall find that the material 
facts set forth in tiie petition are true, and if, in the opinion of the 
court, such child is a fit person to be committed to such parental or 
truant school, an order shall be entered that such child be committed 
to such parental or truant school, to be kept there until he or she 
arrives at the age of fourteen years unless sooner discharged in the 
manner hereinafter set forth. Before the hearing aforesaid notice in 
writing shall be given to the parent or guardian of such child, if 
known, of the proceedings about to be instituted, that he or she may 
appear and resist the same if they so desire. 

§ 7. It shall be the duty of the parent or guardian of any child 
committed to this school to provide suitable clothing upon his or her 
entry into such school and from time to time thereafter as it may be 
needed, upon notice in writing from the superintendent or other 
proper officer of the school. In case any parent oi guardian shall 
refuse or neglect to furnish such clothing, the same may be provided 
by the board of education, and such board may have an action 
against such parent or guardian of said child to recover the costs of 
such clothing with 10 per cent additional thereto. 



182 

§ 8. The board of education of such city shall have power to es- 
tablish rules and regulations under which children committed to such 
parental or truant school may be allowed to return home upon parole, 
but to remain while upon parole in the legal custody and under the 
control of the officers and agents of such school, and subject at any 
time to be taken back within the enclosure of such school by the su- 
perintendent or any authorized officer of said school except as here- 
inafter provided; and full power to enforce such rules and regula- 
tions to retake any such child so upon parole is hereby conferred 
upon said board of education. No child shall be released upon parole 
in less than four weeks from the time of his or her commitment, nor 
thereafter until the superintendent of such parental or truant school 
shall have become satisfied from the conduct of the child that, if 
paroled, he or she will attend regularly the public or private school 
to which he or she may be sent by his or her parents or guardian 
and shall so certify to the board of education. 

§ 9. It shall be the duty of the principal or other persons having 
charge of the school to which such child so released on parole may 
be sent to report at least once each month to the superintendent of 
the parental or truant school, stating whether or not such child at- 
tends school regularly and obeys the rules and requirements of said 
school; and if such child so released upon parole shall be regular in 
his or her attendance at school and his or her conduct as a pupil 
shall be satisfactory for a period of one year from the date which he 
or she was released on parole, he or she shall then be finally dis- 
charged from the parental or truant school, and shall not bb recom- 
mitted thereto except on petition as hereinbefore provided. 

§ 10. In case any child released from said school upon parole, as 
hereinbefore provided, shall violate the conditions of his or her pa- 
role at any time within one year thereafter, he or she shall upon the 
order of the board of education, as hereinbefore provided, be taken 
back to such parental or truant school and shall not be again released 
upon parole within the period of three months from the date of such 
re-entering; and if he or she shall violate the conditions of a second 
parole he or she shall be recommitted to such parental or truant 
school and shall not be released therefrom on parole until he or she 
shall remain in said school at least one year. 

§ 11. In any case where a child is found to be incorrigible and 
his or her influence in such school to be detrimental to the interests 
of the other pupils, the board of education may authorize the super- 
intendent or any officer of the school to represent these facts to the 
circuit or county court by petition, and the court shall have author- 
ity to commit said child to some juvenile reformatory. 

§ 12. Boards of education in cities having a population of over 
25,000 and less than 100,000 may establish, maintain and operate a 
parental or truant school for the purposes hereinafter specified, and 
in case of the establishment of such a school, the boards of education 
shall have like power in their respective cities as herebefore [herein- 
before] expressed: Provided, that no board of trustees or board of 



183 

eduoation under this section shall put this law into effect until sub- 
mitted to a vote of the people and adopted by a majority vote at 
some general election. 
Approved April 24, 1899. 

teachers' pension fund. 

An Act to provide for the formnfion and disbursement of a 
public school teachers^ and public school ewploy^s^ pension and 
retirement fund in cities having a population exceeding one 
hundred thousand inhabitants. 

Section 1. Be it enacted bij the People of the State of Illinois ^ 
represented in the General Assembly: That the board of education 
in cities having a population exceeding 100.000 inhabitants, shall 
have power, and it shall be the duty of said board to create a public 
school teachers' and public school employes' pension and retirement 
fund, and for that purpose set apart the following moneys, to-wit: 

1. An amount not exceeding 1 per cent per annum of the re- 
spective salaries paid to teachers and school employes elected by such 
board of eduoation, which amount shall be deducted in equal install- 
ments from said salaries at the regular times for the payment of such 
salaries. 

2. All moneys received from donations, legacies, gifts, bequests^ 
or otherwise, on account of said fund. 

3. All moneys which may be derived from any and all sources: 
Provided, however, that no tax shall ever be levied for said fund, 

4. Any public school teacher or public school employ^, a part of 
whose salary is now or may hereafter be set apart to provide for the 
fund herein created by this act, may be released from the necessities 
of making further payments to said fund by filing a written notice of 
his or her desire to withdraw from complying with the provisions of 
this act, with said board of trustees, which said resignation shall 
operate and go into effect immediately upon its receipt by said 
board of trustees. (As amended by act approved May 11, 1901.) 

§ 2. The board of education, together with the superintendent of 
schools, and two representatives to be selected annually by the 
teachers and employes of the public schools under control of said 
board, shall form a board of trustees, a majority of whom shall de- 
termine the amount to be deducted from the salaries paid to teachers 
and employes as aforesaid, and shall have charge of, and administer 
said fund, and shall have power to invest the same as shall be 
deemed most beneficial to said fund, in the same manner and sub- 
ject to the same terms and conditions as township treasurers are 
permitted to invest school funds in article four (4) of an act en- 
titled "An act to establish and maintain a system of free schools," 
in force May 4, 1899, and shall have power to make payments from 
said fund of annuities granted in pursuance of this act, and shall 
from time to time make and establish such rules and regulations for 
the administration of said fund as they shall deem best. 



184 

§ 3. Said board of education shall have power, by a majority vote 
'of all its members, to retire any female teacher or other female school 
ismploy^ who shall have taught in public schools or rendered service 
therein for a period aggregating 20 years; and any male teacher or 
male school employ^ who shall have taught or rendered service for a 
period aggregating 25 years, and such teacher or school employ6 
also shall have the right after said term of service to retire and 
become a beneficiary under this act: Provided, however, that three- 
fifths of said term of service shall have been rendered by said bene- 
ficiary within the limits of the municipality where said board of 
'education has jurisdiction. 

§ 4. Each teacher and school employ^ so retired or retiring shall 
"thereafter be entitled to receive as an annuity one-half of the annual 
salary paid to said teacher or employ^ at the date of such retirement, 
-said annuity to be paid monthly during the school year: Provided, 
however, that such annuity shall not exceed the sum of six hundred 
-dollars ($600), which shall be paid by said board of education out of 
the f and created in accordance with this act in the manner provided 
by law for the payment of salaries. 

§ 5. Said board of trustees is hereby given the power to use both 
the principal and the income of said fund for the payment of an- 
nuities hereinbefore mentioned, and shall have power to reduce, 
from time to time, the amount of all annuities: Prodded, that such 
iireduction shall be at the same rate in all cases. 

'■§ 6. The president and secretary of such board of education shall 
certify monthly to the city treasurer all amounts deducted from the 
salaries of teachers, special teachers, principals and employ68 of the 
board of education in accordance with the provisions of this act, 
which amounts, as well as all other moneys contributed to said fund, 
shall be set apart and held by said treasurer as a special fund for the 
purpose hereinbefore specified, subject to the order of said board of 
education, superintendent of schools, and two representatives, as 
aforesaid, and shall be paid out upon warrants signed by the presi- 
dent and secretary of said board of education. 

§ 7 The city treasurer shall be custodian of said pension fund, 
and shall secure and safely keep the same subject to the control and 
direction of said board of trustees, and shall keep his books and ac- 
counts concerning said fund in such a manner as may be prescribed 
by the said board. And said book and accounts shall always bo 
subject to the inspection of the said board or any member thereof. 

The treasurer shall, within ten days after his election or appoint- 
ment, execute a bond to the city, with good and sufficient securities, 
in such penal sum as the said board shall direct, to be approved by 
the said board, conditioned for the faithful performance of the duties 
of his office, and that he will safely keep, and well and truly account 
for all moneys and profits which may come into his hands as such 
treasurer, and that on the expiration of his term of office he will 
surrender and deliver over to his successor all unexpended moneys 
and all property which may come into his hands as treasurer of 



185 

dBUch fund. Such bond shall be filed in the office of the clerk of such 
■city, and in case of a breach of tlie same or the conditions thereof, 
suit may be brought on the same in the name of said city for the use 
of said board of trustees or of any person or persons injured by such 
breach. 

§ 8. No teacher or other school employ^ who has been or who 
shall have been elected by said board of education shall be removed 
or discharged except for cause upon written charges, which shall be 
investigated and determined by the said board of education whose 
action shall be final. 

If at any time a teacher or school employ^ who is willing to con- 
tinue is not re-employed or is discharged before the time when he 
or she would under the provisions of this act be entitled to a pension, 
then such teacher or school em ploy 6 shall be paid back at once all 
the money, with interest, he or she may have contributed under the 
law. 

Approved May 21, 1895. 

employes' pension fund. 

An Act to provide for the formation and disbursement of a public 
school emploii^s'' pension fund in cities having a popidation ex- 
ceeding one hundred thousand inhubdants. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Oeneral Assembly : That the board of education 
in cities having a population exceeding 100,000 inhabitants shall 
have the power, and it shall be the duty, to create a public school 
employes' pension fund, which shall consist of amounts retained 
from the salaries or wages of emploj^s, as hereinafter provided 
which amounts shall be deducted in equal monthly installments 
from such salaries or wages, at the regular time or times of the pay- 
ment thereof, and all moneys derived from any and all other sources 
whatever. 

§ 2. The term "employ^" under this act shall include only engin- 
eers, janitors and office employes in the employ of said board of edu- 
cation, earning over $-49 dollars per month, and this act shall apply 
only to those employes who voluntarily accept and agree to comply 
with its provisions. Any employ^, a part of whose salary may be set 
apart hereafter to provide for the fund created by this act, may be 
released from the necessity of making further payments to said fund, 
by tiiiug a written notice of his or her desire to withdraw from com- 
plying with the provisions of this act, with the board of trustees 
hereinafter mentioned, which said resignation shall operate and go 
into effect immediately upon its receipt by said board of trustees. 

§ 3. The city treasurer, subject to the control and direction of the 
board of trustees hereinafter mentioned, shall be the custodian of 
said pension fund, and shall secure and safely keep the same, as well 
as all funds in his possession heretofore contributed under the pro- 
visions of any law relating to the retirement or pensioning of public 



186 

school employes, and shall keep books and accounts concerning said 
fund, in such manner as may be prescribed by said board of trustees, 
which said books and accounts shall always be subject to the in- 
spection of said board of trustees, or of any member thereof. 

The city treasurer shall, within ten days after his election or ap- 
pointment, execute a bond to the city, with good and suflBcient sure- 
ties, in which penal sum as the said board of trustees shall direct, 
which said bond shall be approved by the said board of trustees, and 
shall be conditioned for the faithful performance of the duties of 
said office, and that he will safely keep and well and truly account 
for all moneys belonging to said pension fund, and all interest 
thereon, which may come into his hands as such treasurer, and that 
upon the expiration of his term of office, or upon his retirement 
therefrom for any cause, he will surrender and deliver over to his 
successor ail unexpended moneys, with such interest as he may have 
received thereon, and all property which may have come into his 
hands as treasurer of said pension fund. Such bond shall be filed in 
the office of the clerk of said city, and in case of a breach of the 
same, or the conditions thereof, suit may be brought on the same in 
the name of the said city for the use of said board of trustees, or of 
any person or persons injured by such breach. 

§ 4. The board of education shall, in the month of September 
immediately following the passage of this act, arrange for the elec- 
tion of a board of trustees of said pension fund, composed of six 
members, to be chosen as hereinafter provided, which election shall 
be held not later than October 30, of the same year. Said board of 
trustees shall have power, and it shall be its duty, to administer said 
fund and to carry out the provisions of this act, and for the purpose 
of enabling such board of trustees to perform the duties imposed and 
exercise the powers granted by this act, the board of trustees shall 
be, and is hereby declared to be, a body politic and corporate. 

§ 5. The said board of trustees shall consist of the president and 
secretary of the board of education and four employ6s contributing 
to said fund. 

The president and secretary of the board of education shall be ex 
officio members of said board of trustees, and the other members 
shall be elected by ballot by the employes contributing to said fund, 
at the time and for the terms respectively as follows, to-wit: At the 
first election the contributors of said fund shall elect two of their 
number to serve for the term of one year, and two to serve for the 
term of two years, and annually thereafter said contributors shall 
elect two of their number to hold office for the term of two years. 

§ 6. Whenever any elective member of the board of trustees shall 
cease to be in the employ of said board of education his or her mem- 
bership in said board of trustees shall cease. Said board of trustees 
shall have power and it shall be its duty: 

(1) To determine the amount which shall be deducted from the 
salaries or wages paid to employes for the benefit of said pension 
fund: Provided, the amount of such deduction shall not be less than 



187 

twelve dollars nor more than forty-eight dollars per year for eaoh 
employ 6: And provided further, that no deduction shall be made 
from the salary or wages of any employ^ who received less than 
forty-nine dollars per month, nor shall any one who receives a salary 
of not less than forty-nine dollars per month participate in said fund. 

(2) To make all payments from said pension fund, pursuant to 
the provisions of this act. 

(8) To administer and invest in their discretion any part of the 
said pension fund remaining in the hands of said treasurer. 

(4) To pay all necessary expenses in connection with the admin- 
istration of said fund and carrying out the provisions of this act for 
which provision is not otherwise made. 

(5) To determine the amount to be paid as benefits or annuities 
under this act and to increase or reduce the same in their discretion: 
Provided, that no benefit or annuity shall exceed six hundred dollars 
per year. 

(6) To take by gift, grant or bequest, or otherwise any money or 
property of any kind, and hold the same for the benefit of said fund. 

(7) To purchase, hold, sell or assign and transfer any of the 
securities in which said fund, or any part thereof, may be invested. 

(8) To exempt any of said employes from the operation of this 
act, whenever in their judgment, the interests of said fund shall 
render such exemption necessary and advisable. 

(9) To fill any vacancy or vacancies in said board of trustees 
until the next annual election, as hereinbefore provided. 

(10) To make and establish all such rules for the transaction of 
their business, and such other rules, regulations and by-laws as may 
be necessary for the proper administration of said fund committed to 
their charge, and the performance of the duties imposed upon them. 

(11) They shall keep a full and complete record of their meetings 
and of the receipts and disbursements on account of such fund, and 
and also complete lists of all contributors to said fund, and of all an- 
nuitants receiving benefits therefrom, and such other records as in 
their judgment shall seem necessary, and shall make and publish an- 
nually a full and complete statement of their financial transactions. 

(12) Said board shall hear and determine all applications for 
benefits under this act, and shall have power to suspend any annuity 
whenever, in their judgment, the disability of such beneficiary has 
ceased, or for other good cause. 

(13) To compromise, settle or liquidate any claim against said 
fund, by surrendering the contribution or contributions of any indi- 
vidual or individuals, and make the necessary rules, prescribing the 
terms under which such settlements may be made, providing there 
shall be no rule allowing restitution of deductions from salaries 
after the contributor shall have become eligible to an annuity under 
this act. 



188 

§ 7. Any contributor to said fund who shall have attained the age 
of fifty-five years, and shall have been in the service of said board of 
education for a period of ten years, and shall have contributed to said 
fund for the same period, shall have the right to retire and become a 
beneficiary under this act and to receive such benefit or annuity from 
said fund as shall be determined by said board of trustees, which said 
benefit or annuity shall be proportionate to the amount of the con- 
tributions of such employ^. 

§ 8. Upon the death of any contributor, who is not nor has been a 
beneficiary under this act, the said board of trustees may pay an 
amount not exceeding one year's benefit to the widow, if any, of such 
deceased contributor, and if there be no widow said board of trustees 
may expend said amount for the benefit of the minor children, if any, 
of such deceased contributor. 

§ 9. Any employ 6 who has heretofore retired from service, pur- 
suant to the provisions of an act entitled "An act to provide for the 
formation and disbursement of a public school teachers' and public 
school employes' pension and retirement fund in cities having a pop- 
ulation exceeding one hundred thousand inhabitants," approved May 
31, 1895, in force July 1,1895, and has contributed to the fund created 
by said last mentioned act, shall be entitled to such portion of the 
full annuity provided for under this act as the board of trustees may 
determine. 

§ 10. All sums heretofore contributed by employes under the pro- 
visions of an hct entitled "An act to provide for the formation and 
disbursement of a public school teachers' and public school employes' 
pension and retirement fund in cities having a population exceeding 
one hundred thousand inhabitants," approved May bl, 1895, in force 
July 1, 1895, shall be set apart and held by said city treasurer as a 
part of the fund created by this act, and subject to the provisions of 
this act. 

§ 11. Any person who has been an employ^ of said board of 
education for a period of 20 years or more, and is a contributor to 
said fund, may retire from the service of said board of education 
upon 60 days' notice to be given to said board of trustees (unless 
such notice is waived by said board of trustees) and become an an- 
nuitant under this act. 

§ 12. Any person who has contributed to said fund for a period 
of ten years or more may retire from the service of said board of 
education on account of serious disability, rendering him or her un- 
able to properly discharge his or her duties, upon one year's notice 
to be given to said board of trustees (unless such notice is waived 
by said board of trustees) and may become an annuitant under this 
act, and shall thereupon be entitled to receive for a period of two 
years (which may be extended upon proof of continued disability), 
such part of the annuity then allowed under the rules of said trus- 
tess, as said trustees may determine. 

§ 18, Any employ^ who has been contributing to said fund for 
less than ten years, and who shall be dismissed or resign from the 



189 

service of 8aid board of education, may, up^ri application made within 
three months after the date of such dismissal or resignation, receive 
one-half of the total amount paid into said fund by such person so 
dismissed. 

§ 14. The president and secretary of the board of education shall 
certify monthly to the treasurer of all amounts deducted in accord- 
ance with the provisions of this act from the salaries paid by the 
board of education, which amounts as well as all other sums contrib- 
uted to said fund under the provisions of this act, shall be set apart 
and held by said treasurer for the purpose hereinbefore specified, 
subject to the order of said board of trustees, and shall be paid out 
upon warrants signed by the president and secretary of said board of 
trustees. 

§ 15. All annuities granted under the provisions of this act shall 
be exempt from attachment and garnishment process, and no annui- 
tant shall have the right to transfer or assign his or her annuity, 
either by way of mortgage or otherwise. 

§ 16. All elections or appointments of employes by said board of 
education shall be made pursuant to the provisions of an act entitled 
"An act to regulate the civil service of cities," approved and in force 
March 20, 1895, such election or appointment to be permanent dur- 
ing efficiency and good behavior, and no em ploy 6 who has con- 
tributed to said fund shall be removed or discharged, except for 
cause, upon written charges, which shall be investigated arid de- 
termined by the board of education, whose action and decision in 
the matter shall be final. 

§ 17. Any person who shall, directly or indirectly, avoid or seek 
to avoid any or all of the provisions of this act, or who shall, directly 
or indirectly, interfere with or obstruct the enforcement of any of 
the provisions of this act, shall be guilty of a misdemeanor, and 
shall on conviction thereof be punished by a fine of not less than 
fifty dollars and not exceeding one thousand dollars, or by imprison- 
ment in the county jail for a term not exceeding six months, or both 
such fine or imprisonment in the discretion of the court. 

§ 18. All laws and parts of laws which are inconsistent with this 
act, or any provisions thereof, are hereby repealed. 

Appboved May 15, 1903. 

COMPENSATION OP JUDGES AND CLERKS. 

An Act to provide for fhe compensntionofjuflgps and clerJcs of elec- 
tion at elections at which trustees of schools and school directors 
are elected under the provii^ions of an act entitled ''An act to reg- 
ulate the holding of elections and declaring tJie result thereof in 
cities, vilUiges and incorporated towns in this State," approved 
June 19, 18S5. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly: That at all elections held 



190 

under the provisions of an act entitled "An act to regulate the hold- 
ing of elections and declaring the result thereof in cities, villages 
and incorporated towns in this State," approved Jnne 19, 1885, and 
those amendatory and supplemental thereto, at which any trustee of 
school may have been heretofore or shall hereafter be elected, the 
expenses of such election shall be paid out of the treasury of such 
city, village and incorporated town. 

§ 2. That all elections held under the provisions of said acts, at 
which a school director is elected, the expenses of such election shall 
be paid out of any funds belonging or appertaining to the district 
for which such director is elected. 

§ 8. The corporate authorities of cities, villages, incorporated 
towns and school districts are hereby authorized and empowered to 
levy taxes for the purpose of paying election expenses. 

Approved June 8, 1889. 

STATE teachers' ASSOCIATION, 

An Act to authorize the Secretary of State to print the proceedings 
of the State Teachers' Association, 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assf-mbly: That the Secretary of State 
is hereby authorized and empo<vered to have the proceedings of the 
Illinois State Teachers' Association printed and bound on the same 
terms as the proceedings of other State boards are printed. 

§ 2. It shall be the duty of the State Superintendent of Public 
Instruction to approve the manuscript of said proceedings before it 
is placed in the hands of the Secretary of State to be printed. 

§ 8. It is hereby made the duty of the Auditor of Public Ac- 
counts to draw his warrant on the State Treasurer, to be paid out of 
the appropriation for printing, upon a voucher properly certified to 
by the board of Commissioners of State Contracts. 

Approved May 11, 1901. 



191 



APPENDIX. 



UNIVERSITY OF ILLINOIS. 

An Act to change the name of the Illinois Industrial University. 

Section 1. Be it enacted by the People of the Stdte of Illinois, 
represented in the General Assembly: That the Illinois Industrial 
University, located at Urbana, in Champaign county, shall, after the 
passage of this act, be known as the University of Illinois, and under 
that name and title shall have, possess, be seized of and exercise all 
rights, privileges, franchises and estates which have hitherto be- 
longed to, or may hereafter inure to, the said Illinois Industrial Uni- 
versity. 

Approved June 19, 1885. 

1. Lands held by the trustees, although conveved to the corporate body, 
belong to and is under the entire control of the State, when disposed to ex- 
ercise the power; and, being property of tbe State, the Constitution auth- 
orizes its extern ption from taxation, and tbe Legislature has exeoapted it. 
Irustees v. Champaign County, 76-184. 

2. A fund was donated to the State, in the first place, for the establish- 
ment and maintenance of an institution of learning, which this land re-pre- 
sents. The State has no intention to part with either the ownership of the 
property or control of the institution. The Legislature has created a body 
corporate, as the most convenient mode of controlling the institution, its 
property and affairs; but the State retains the power of selecting its trustees, 
and. has power, through agents other than the trustees, to sell and dispose 
of the property of the institution, or even repeal the charter, as public policy 
or the interest of the university may require. Ihid. 

3. The persons selected for the government of the university are created 
and called trustees. They derive all of their powers from the State, and they 
act for and on behalf of the State; and the power which conferred authority 
on them to act, may withdraw or modify it at pleasure. Had the Legislature 
intended that the property might be sold for any purpose some language in- 
dicating such intention, would have been employed. Ihid. 

SOHOLABSHIPS. 

An Act to provide for state scholarships in the University of Illi- 
nois, and the manner of awarding the same. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That to equalize the ad- 
vantages of the University of Illinois to all parts of the State, 



192 

there shall be awarded annually, as hereinafter provided, to each 
county of the State one State scholarship, which shall entitle the 
holder thereof, who shall be a resident of the senatorial district ta 
which he is accredited, to instruction in any or all departments of 
said University of Illinois for a term of four years, free from any 
charge for tuition or any incidental charge, unless such incidental 
charges shall have been made for materials used or for damages 
needlessly done to property of the University: Provided, that in 
counties having two or more senatorial districts, there shall be 
awarded annually one additional scholarship for each of said senatorial 
districts. 

§ 2, A competitive examination under the direction of the Super- 
intendent of Public Instruction shall be held at the county court 
house in each county of the State upon the first Saturday of June 
in each and every year by the county superintendent of schools, upon 
such branches of study as the Superintendent of Public Instruction 
and the president of said university may deem best. 

§ 3. Questions for such examinations shall be prepared and fur- 
nished by the president of the university to the Superintendent of 
Public Instruction, who shall attend to the printing and distribution 
thereof to the several county superintendents of schools prior to 
such examinations. 

§ 4. In case any candidate who shall be awarded a scholarship 
shall fail to pass the entrance examination to the University, or shall 
fail to claim the privileges of such scholarship, or, having claimed 
the privileges, shall be expelled, or for any reason shall abandon his 
right to, or vacate, such scholarship, either before or after entering 
thereupon, then the candidate certified to be next entitled in the 
same county shall become entitled to the same In case any scholar- 
ship belonging to any county shall not be claimed by any candidate 
resident in that county, the Superintendent of Public Instruction 
may fill the same by appointing some candidate first entitled to a 
vacancy in some other county, after notice has been served upon the 
county superintendent of said first mentioned county. 

§ 5. The county superintendent shall, within ten days after such 
examination, make and file in the office of the Superintendent of 
Public Instruction certificates, in which they shall name all the can- 
didates examined, and specify the order of their excellence; and such 
candidates shall, in the order of their excellence, become entitled to 
the scholarship belonging to their respective counties. The examin- 
ation papers handed in by each candidate shall also be filed with the 
certificate of examination. 

§ 0. Candidates to be eligible to said scholarship, shall be'at 
least sixteen years of age, and shall have been bona fide residents of 
their respective counties for at least one year immediately preced- 
ing the examination. 

§ 7. Any student holding a State scholarship, and who^'shall 
make it appear to the satisfaction of the president of the university 
that he requires leave of absence for the purpose of earning funds 



193 

to defray his expenses while in attendance, may, in the discretion 
of the President, be granted such a leave of absence, and may be 
allowed a period not exceeding six years from commencement thereof 
for the completion of his course at said university. 

§ 8. Notice of the time and place of the examination shall b© 
given in the schools having pupils eligible thereto prior to the first 
day of January in each year. The Superintendent of Public In- 
struction shall attend the giving of the notices hereinbefore pro- 
vided for. He may, in his discretion, direct that the examination 
in any county may be held at some other time and place than that 
hereinbefore specified. He shall keep full records in his depart- 
ment of the reports of the different examiners, showing the age, post- 
office address and standing of each candidate, and shall notify candi- 
dates of their rights under this act. He is hereby charged with the 
general supervision and direction of all matters in connection with 
the filing of such scholarships. He shall determine any controversy 
which may arise under this act. 

§ 9. Students enjoying the privileges of State scholarships shall, 
in common with other students of said university, be subject to all 
the examinations, rules and requirements of the board of trustees 
and faculty, except as herein provided. 

§ 10. Nothing herein contained shall be construed to prevent the 
board of trustees of said university from granting such other free 
scholarships as in their discretion may be deemed best. 

Approved June 24, 1895. 

NORMAL UNIVERSITY. 

An Act for the establishment and maintenance of a Normal Uni- 
versity. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That C. B. Denio of Jo Da- 
viess county, Simeon Wright of Lee ceunty, Daniel Wilkins of Mc- 
Lean county, C. E. Hovey of Peoria county, George B. Rex of Pike 
county, Samuel W. Moulton of Shelby county, John Gillespie of Jas- 
per county. George Bunsen of St. Clair county, Wesley Sloan of Pope 
county, Ninian W. Edwards of Sangamon county, John Eden of 
Moultrie county, Flavel Mosley of Cook county, William H. Wells of 
Cook county, Albert R. Shannon of White county, and the Superin- 
tendent of Public Instruction, ex oificio, with their associates, who 
shall be elected as herein provided, and their successors are hereby 
created a body corporate and politic, to be styled "The Board of Edu- 
cation of the State of Illinois," and by that name and style shall have 
perpetual succession, and have power to contract and be contracted 
with, to sue and be sued, to plead and be impleaded, to acquire, hold 
and convey real and personal property; to have and use a common 
seal, and to alter the same at pleasure; to make and establish by-laws 
and alter or repeal the same as they shall deem necessary for the gov- 
ernment of the normal university hereby authorized to be established, 
—13 S. 



194 

or any of its departments, officers, students or employes, not in con- 
flict with the Constitution and laws of this State or of the United 
States; and to have and exercise all powers, and be subject to all 
duties usual and incident to trustees of corporations. 

1. It has always been the policy of the State to afford means for the edu- 
cation of the youth of the State, and a duty also, A normal university enters 
into our plan of education, wherein teachers of our youth shall be taught how 
best and most effectually to discharge their duty. Burry. Carbondale, 76-455; 
Boehm v. Hertz, 182-154. 

2. Normal schools are public institutions, which the State has a right to 
establish and maintain. The purpose of their establishment is to advance the 
public school system and create a body of teachers better qualified for the 
purpose of carrying out the. policy of the State with reference to free schools, 
and provide for a more thorough and efficient system of schools, whereby all 
the children of this State may receive a good common school education. 
Boehm V. Hertz, 182-154. Board of Education v. Greenhaum <& Sons, 39-609, 
and Board of Education v. Bakewell, 122-339, overruled. 

§ 2. The Superintendent of Public Instruction, by virtue of his 
office, shall be a member and secretary of said board, and shall report 
to the Legislature at its regular sessions the condition and expendi- 
tures of said normal university, and communicate such further in- 
formation as the said board of education or the Legislature may 
direct. 

§ 8. No member of the board of education shall receive any com- 
pensation for attendance on the meetings of the board, except his 
necessary traveling expenses, which shall be paid in the same man- 
ner as the instructors employed in the said normal university shall 
be paid. At all the stated and other meetings of the board, called 
by the president or secretary, or any five members of the board, five 
members shall constitute a quorum , provided all shall have been duly 
notified. 

§ 4. The objects of the said normal university shall be to qualify 
teachers for the common schools of this State, by imparting instruc- 
tion in the art of teaching, and all branches of study which pertain 
to a common school education; in the elements of the natural 
sciences, including agricultural chemistry, animal and vegetable 
physiology; in the fundamental laws of the United States and of the 
State of Illinois, in regard to the rights and duties of citizens, and 
such other studies as the board of education may, from time to time, 
prescribe. 

§ 5. The board of education shall hold its first meeting at the 
office of the Superintendent of Public Instruction, on the first Tues- 
day in May next, at which meeting they shall appoint an agent, fix- 
ing his compensation, who shall visit the cities, villages and other 
places in the State, which may be deemed eligible for the purpose, 
to receive donations and proposals for the establishment and main- 
tenance of the normal university. The board shall have power, and 
it shall be their duty to fix the permanent location of said normal 
university, at the place where the most favorable inducements are 
offered for that purpose: Provided, that such location shall not be 
difficult of access, or detrimental to the welfare and prosperity of said 
normal university. 



195 

§ 6. The board of education shall appoint a principal, lecturer on 
scientific subjects, instructors and instructresses, together with such 
other oflBcers as shall be required in the said normal university; fix 
their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause, after 
having given ten days' notice of any charge, which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also pre- 
scribe the text books, apparatus and furniture to be used in the 
university, and provide the same; and shall make all regulations nec- 
essary for its management. And the board shall have power to 
recognize auxiliary institutions when deemed practicable: Provided, 
that such auxiliary institutions shall not receive any appropriation 
from the treasury, or the seminary or university fund. 

§ 7. Each county in this State shall hereafter be entitled to gra- 
tuitous instruction for two pupils in said university; and each repre- 
sentative dintrict shall be entitled to gratuitous instruction for a 
number of pupils equal to the number of representatives in said dis- 
trict, to be chosen in the following manner: The school commis- 
sioners in each county shall receive and register the names of all 
applicants for admission to said normal university, and shall present 
the same to the county court, or, in counties acting under township 
organization, to the board of supervisors, which said county court or 
board of supervisors, as the case may be, shall, together with the 
school commissioner, examine all applicants so presented, in such a 
manner as the board of education may direct, and from the number 
of such as shall be found to possess the requisite qualifications, such 
pupils shall be selected by lot; and in representative districts com- 
posed of more than one county, the school commissioner and the 
county judge, or the school commissioner and chairman of the board 
of supervisors, in counties acting under township organization, as 
the case may be, of the several counties composing such representa- 
tive district, shall meet at the clerk's office of the county court of 
the oldest county, and from the applicants so presented to the county 
court, or board of supervisors, of the several counties represented, 
and found to possess the requisite qualifications, shall select by lot 
the number of pupils to which said district is entitled. The board 
of education shall have discretionary power, if any candidate does 
not sign and file with the secretary of the board a declaration that 
he or she will teach in the public schools within the State, in case 
that engagements can be secured by reasonable efforts, to require 
such candidate to provide for the payment of such fees for tuition as 
the board may prescribe. (As amended by an act approved Feb. li, 
1861.) 

§ 8. The interest of the university and seminary fund, or such 
part thereof as may be found necessary, shall be and is hereby ap- 
propriated for the maintenance of said normal university, and shall 
"be paid on the order of the Board of Education from the treasury of 
the State, but in no case shall any part of the interest of said fund 
be applied to the purchase of sites, or for buildings for said uni- 
versity. 



196 

§ 9. The board shall have power to appropriate the one thousand 
dollars received from the Messrs. Merriam, of Springfield, Massachu- 
setts, by the late superintendent, to the purchase of apparatus for the 
use of the normal university, when established, and hereafter all gifts, 
grants and demises which may be made to the said normal university 
shall be applied in accordance with the wishes of the donors of the 
same. 

§ 10. The board of corporators herein named, and their succes- 
sors, shall each of them hold their office for the term of six years; 
Provided, that at the first meeting of said board the said corporators 
shall determine by lot, so that one-third shall hold their office for 
two years, one-third for four years, and one-third for six years. The 
Governor, by and with the advice and consent of the Senate, shall 
fill all vacancies which shall, at any time, occur in said board, by ap- 
pointment of suitable persons to fill the same. 

§ 11. At the first meeting of the board, and at each biennial 
meeting thereafter, it shall be the duty of said board to elect one of 
their number president, who shall serve until the next biennial meet- 
ing of the board, and until his successor is elected. 

§ 12. At each biennial meeting, it shall be the duty of the board 
to appoint a treasurer, who shall not be a member of the board, and 
who shall give bond with such security as the board may direct, con- 
ditioned for the faithful discharge of the duties of his office. 

§ 13. This act shall take effect on and after its passage, and be 
published and distributed as an appendix to the school law. 

Approved Feb. 18, 1857. 

SOUTHERN ILLINOIS NORMAL UNIVERSITY. 

An Aot to establish and maintain the Southern Illinois Normal 

University. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Southern Illinois Nor- 
mal University, to have perpetual succession, with power to contract, 
and be contracted with, to sue and be sued, to plead and be im- 
pleaded, to receive, by any legal mode of transfer or conveyance, 
property of any description, and to have, hold and enjoy the same, 
with the rents and profits thereof, and to sell and convey the same; 
also to make and use a corporate seal with power to break or change 
the same, and to adopt by-laws, rules and regulations for the govern- 
ment of its members, officers, agents and employes: Provided, such 
by-laws shall not conflict with the Constitution of the United States, 
or the laws of this State. 



197 

§ 2. The objects of the said Southern Illinois Normal University 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, in the elements of the 
natural sciences, including agricultural chemistry, animal and vege- 
table physiology, in the fundamental laws of the United States, and 
of the State of Illinois, in regard to the rights and duties of citizens, 
and such other studies as the board of education may, from time to 
time, prescribe. 

§ 8. The powers of said corporation shall be vested in, and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate 
and, by and with the advice of the Senate, appoint five citizens of 
the State as trustees of said institutition. two of whom shall serve for 
two years, and three for four years, and until their successors are ap 
pointed and enter on duty, and successors in each class shall be 
appointed in like manner for four years: Provided, that in case of 
a vacancy by death or otherwise, the Governor shall appoint a suc- 
cessor for the remainder of the term vacated: Provided, that not 
more than two members of said board shall be residents of any one 
county. 

§ 5. The said trustees shall hold their first meeting at Centralia, 
within one month after the passage of this act, at which meeting 
they shall elect one of their body as president and another as secre- 
tary; and cause a regular record to be made and kept of all their pro- 
ceedings. The said board shall also, whenever his services shall be 
required, appoint a treasurer not a member of the board, who shall 
give bonds to the People of the State of Illinois in double the amount 
of the largest sum likely to come into his hands, the penalty to be 
fixed by the board, conditioned for the faithful discharge of his 
duties as treasurer, with two or more securities; the treasurer may 
also be required to execute bonds from time to time as the board 
may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, oflicer, agent or employ^ of the board shall be a 
party to or interested in any contract for materials, supplies or ser- 
vices other than such as pertain to their positions and duties. 

§ 8. Accounts of this institution shall be stated and settled annu- 
ally with the Auditor of Public accounts, or with such person or per- 
sons as may be designated by law for that purpose, And the trustees 
shall, ten days previous to each regular session of the General As- 
sembly, submit to the Governor a report of all their actions and pro- 
ceedings in the execution of their trust, with a statement of all ac- 
counts connected therewith, to be by the Governor laid before the 
General Assembly. 



198 

§ 9. The said board Bhall meet quarterly at such places or place 
as may be agreed on, and, until the buildings are completed, as much 
oftener as may be necessary; and thereafter the meetings shall be at 
the university. 

§ 10. The trastees shall, as soon as practicable, advertise for pro- 
posals from localities desiring to secure the location of said normal 
university, and shall receive for not less than three months from the 
date of their first advertisement, proposals from points situated as 
hereinafter mentioned, to donate lands, buildings, bonds, moneys, or 
other valuable consideration, to the State in aid of the foundation 
and support of said university; and shall, at a time previously fixed 
by advertisement, open and examine such proposals, and locate the 
institution at such a point as shall, all things considered, offer the 
most advantageous conditions. The land shall be selected south of 
the railroad, or within six miles north of said road, passing from St. 
Louis to Terre Haute, known as the Alton and Terre Haute railroad, 
with a view of obtaining a good supply of water afid other conveni- 
ences for the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to contract for the erection of buildings in 
which to furnish educational facilities for such number of students 
as hereinafter provided for, together with the out-houses required for 
use, also for the improvement of the land so as to make it available 
for the use of the institution. The buildings shall not be more than 
two stories in height, and be constructed upon the most approved 
plan for use, shall front to the east, and shall be of sufficient capacity 
to accommodate not exceeding 800 students, with the officers and 
necessary attendants, The outside walls to be of hewn stone or 
brick, partition walls of brick, roofs of slate, and the whole buildings 
made fire-proof, and so constructed as to be warmed in the most 
healthy and economical manner, with ample ventilation in all its 
parts. The out-houses shall be so placed and constructed as to a-void 
all danger to the main buildings from fire originating in any one of 
them. The board shall appoint an honest, competent superintendent 
of the buildings and improvements aforesaid, whose duty it shall be 
to be always present during the progress of the work, and see that 
every stone, brick and piece of timber used is sound and properly 
placed, and whose right it shall be to require contractors and their 
employ 6s to conform to his directions in executing their contracts: 
Provided, however, that said board of trustees may appoint any one 
of their number such superintendent: And, provided further, that 
the buildings aforesaid may be erected and improvements made under 
the direction of the board and its superintendent, without letting the 
same to contractors. 

§ 12. The said board of trustees shall appoint instructors and in- 
structresses, together with such other officers as may be required in 
the said normal university; fix their respective salaries and prescribe 
their several duties. They shall also have power to remove any of 
them for proper cause after having given ten days' notice of any 
charge which may be duly presented, and reasonable opportunity of 



199 

defense. They eliall also prescribe the text-books, apparatus and 
furniture to be used in the university and provide the same, and 
shall make all regulations necessary for its management. 

§ 13. All the counties shall be entitled to gratuitous instruction 
for two pupils for each county in said normal university, and each 
representative district shall be entitled to gratuitous instruction for a 
number of pupils equal to the number of representatives in said dis- 
trict, to be chosen in the following manner: The superintendent of 
schools in each county shall receive and register the names of all ap- 
plicants for admission in said normal university, and shall present 
the same to the county court, or, in counties acting under township 
organization, to the board of supervisors, which said county court or 
board of supervisors, as the case may be, shall, together with the 
superintendent of schools, examine all applicants so presented, in 
such manner as the board of trustees may direct; and from the num- 
ber of such as shall be found to possess the requisite qualifications, 
such pupils shall be selected by lot, and in representative districts 
composed of more than one county, the superintendent of schools 
and county judge, or the superintendent of schools and chairman of 
the board of supervisors in counties acting under township organiza- 
tion, as the case may be, of the several counties composing such rep- 
resentative district, shall meet at the clerk's oflBce of the county 
court of the oldest county, and from the applicants so presented to 
the county court or board of supervisors of the several counties rep- 
resented, and found to possess the requisite qualifications, shall se- 
lect by lot the number of pupils to which said district is entitled. 
The board of trustees shall have discretionary power, if any candi- 
date does not sign and file with the secretary of the board a declara- 
tion that he or she will teach in the public schools within the State 
not less than three years, in case that engagement can be secured by 
reasonable efforts, to require [the] candidate to provide for the pay- 
ment of such fees for tuition as the board may prescribe. 

§ 14. To enable the board of trustees to erect the buildings and 
make the improvements preparatory to the reception of pupils in 
said institution, and to supply the necessarj'^ furniture for the same, 
the sum of $75,000 is hereby appropriated out of the State treasury, 
payable on the orders of said board, as required for use, in sums not 
exceeding $1,000 dollars per month. The first payment to be made 
on the first day of June next, and subsequent payments monthly 
thereafter, but each successive order for subsequent jDayments shall 
be accompanied by an account sustained by vouchers, showing, to 
the satisfaction of the Auditor, the expenditure of the previous 
payment. 

§ 15. The expense of building, improving, repairing and supply- 
ing fuel and furniture, and the salaries or compensation of the trus- 
tees, superintendent, assistants, agents and employes, shall be a 
charge upon the State treasury; all other expenses shall be charge- 
able against pupils, and the trustees shall regulate the charges 
accordingly. 



200 

§ 16. If the buildings and improvements herein provided for 
shall be ready for the reception of pupils before the next regular 
session of the General Assembly, the Governor is authorized to make 
orders on the Auditor, directing him to issue warrants at the end of 
each quarter of the fiscal year for amounts sufficient to pay the ex- 
penses chargeable against the State, and the Auditor shall issue 
warrants accordingly, which shall be paid by the Treasurer. 

§ 17. The trustees of this institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to issue 
his warrant quarterly, upon taking the affidavit of the trustees as to 
the actual time employed, and their personal and traveling expenses. 

§ 18. This act shall take effect and be in force from and after its 
passage. 

Approved March 9, 1869. 

NORTHERN ILLINOIS STATE NORMAL SCHOOL. 

An Act to establish and maintain the Northern Illinois State Nor- 
mal School. 

Section 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Northern Illinois State 
Normal School, to have perpetual succession, with power to contract 
and be contracted with, to sue and be sued, to plead and be im- 
pleaded, to receive by any legal mode or transfer or conveyance prop- 
erty of anj' description, and to have and hold and enjoy the same; 
also to make and use a corporate seal, with power to break or change 
the same, and adopt by-laws, rules and regulations for the govern- 
ment of its members, official agents and employes: Provided, such 
by-laws shall not conflict with the Constitution of the United States 
or of this State. 

§ 2. The object of the said Northern Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, in the elements of the 
natural and of the physical sciences, in the fundamental laws of the 
United States and of the State of Illinois, in regard to the rights and 
duties of citizens. 

§ 3. The powers of the said corporation shall be vested (in,) and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate, 
and by and with the advice of the Senate, appoint five citizens of the 
State as trustees of said institution, two of whom shall serve for two 
years, and three for four years, and until their successors are ap- 
pointed and entered on duty, and successors in each class shall be ap- 
pointed in like manner for four years. Provided, that in case of a 
vacancy by death or otherwise, the Governor shall appoint a suc- 
cessor for the remainder of the term vacated: Provided, that no two 



201 

members of said board shall be residents of any one county, or in one 
congressional district. The Superintendent of Public Instruction 
shall be a trustee of this school, ex officio. 

§ 5. The said trustees shall hold their first meeting at 

within one month from the time this act goes into 

effect, at which meeting they shall select one of their body as presi- 
dent and another as secretary, and cause a regular record to be made 
and kept of all their proceedings. The said board shall also, when- 
ever his services shall be required, appoint a treasurer, not a member 
of the board, who shall give bond to the People of the State of Illi- 
nois in double the amount of the largest sum likely to come into his 
hands, the penalty to be fixed by the board, conditioned for the faith- 
ful discharge of his duties as treasurer, with two or more securities; 
the treasurer may also be required to execute bonds from time to time 
as the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer, agent or employ^ of the board shall be a 
party to or interested in any contract for materials or supplies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person or 
persons as may be designated by law for that purpose. And the trus- 
tees shall, ten days previous to each regular session of the General 
Assembly, submit to the Governor a report of all their actions and 
proceedings in the execution of their trust, with a statement of all 
accounts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9, The said board shall meet quarterly at such place or places 
as may be agreed on, and, until the buildings are completed, as much 
oftener as may be necessary, and thereafter the meetings shall be at 
the school. 

§ 10. The trustees shall, as soon as practicable after their appoint- 
ment, arrange to receive from the localities desiring to secure the 
location of said school, proposals for the donation of a site, of not 
less than 40 acres of grcund, and other valuable considerations, 
and shall locate the same in the place oflFering the most advantgeous 
conditions, all things considered, as nearly central as possible in that 
portion of the State lying north of the main line of the 0. R. I. & P. 
R. R., with a view of obtaining a good water supply and other con- 
veniences for the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to secure plans and to contract for the erection 
of buildings in which to furnish educational facilities for such num- 
ber of students as hereinafter provided for, together with the out- 
houses required for use, also for the improvement of the land so as 
to make it available for the use of the institution. The building shall 
not be more than two stories in height, and be constructed upon the 



202 

most approved plan for use, and shall be of sufficient capacity to ac- 
commodate not less than one thousand students, with the officers and 
necessary attendants. The outside walls to be of hewn stone or 
brick; partition walls of brick, or equally good fire-proof material; 
roof of slate, and the whole buildings made fire-resisting, and so con- 
structed as to be warmed in the most healthful and economical man- 
ner, with ample ventilation in all its parts. The outhouses shall be 
so placed and constructed as to avoid all danger to the main build- 
ings from fire originating in any one of them. The board shall ap- 
point a trustworthy and competent superintendent of the buildings 
and improvements aforesaid, whose duty it shall be to be always pres- 
ent during the progress of the work and see that every brick, stone 
and piece of timber used is sound and properly placed, and whose 
right it shall be to require contractors and their employes to conform 
to his directions in executing their contracts: Provided, however, 
that said board of trustees shall not appoint any one of their number 
such superintendent: And, provided further, that the buildings 
aforesaid may be erected and improvements made under the direction 
of the board and superintendent without letting the same to contract- 
ors. 

§ 12. The said board of trustees shall appoint instructors, together 
with such other officers as may be required in the said normal schools, 
fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause, after 
having given ten days' notice of any charge which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also pre- 
scribe the text books, apparatus and furniture to be used in the school 
and provide the same, and shall make all regulations necessary for 
this management. 

§ 113. All the counties of the State shall be entitled to gratuitous 
instruction for two pupils for each county in said normal school, and 
each representative district shall be entitled to gratuitous instruc- 
tion for a number of pupils equal to the number of representatives in 
said district, to be chosen in the following manner: The superin- 
tendent of schools in each county shall receive and register the 
names of all applicants for admission in said normal school, and shall 
present the same to the county court, or in the counties acting under 
township organization, to the board of supervisors, as the case may 
be, shall, together with the superintendent of schools, examine all 
applicants so presented, in such manner as the board of trustees may 
direct, and from the number of such shall be found to possess the 
requisite qualifications, such pupils shall be selected by lot, and in 
representative districts composed of more than one county, the super- 
intendent of schools and county judge, or the superintendent of 
schools and the chairman of the board of supervisors in the counties 
acting under township organization, as the case may be, of the sev- 
eral counties composing such representative district shall meet at 
the clerk's office of the county court of the oldest county, and from 
the applicants so presented to the county court or board of super- 
visors of the several counties represented, and found to possess the 



203 

requisite qualifications, shall select by lot the pupils to which said 
district is entitled. The board of trustees shall have discretionary 
power, if an}' candidate does not sign and -file with the secretary of 
the board a declaration that be or she will teach in the public schools 
within the State not less than three years, in case that engagments 
can be secured by reasonable efforts, to require the candidate to pro- 
vide for the payment of such fees for tuition as the board may 
prescribe. 

§ 14. To enable the board of trustees to erect the building and 
make the improvements preparatory to the reception of pupils in said 
institution, to supply the necessary furniture for the same, and for 
the first year's instruction, the sum of $50,000 is hereby appropriated 
out of the State treasury, payable on the orders of said board, as re- 
quired for use, in sums not exceeding $10,000 per month, the first 
payment to be made on the first day of July, 1896, and subsequent 
payments shall be accompanied by an account, sustained by vouchers, 
showing to the satisfaction of the Auditor the expenditure of the 
previous payment, and approved by the Governor. 

§ 15. The expense of the building improving, repairing and 
supplying fuel and furniture, and the necessary appliances and ap- 
paratus for conducting said school, and the salaries or compensation 
of the trustees, superintendent, assistants, agents and employes, 
shall be a charge upon the State treasury; all other expenses shall be 
chargeable against pupils, and the trustees shall regulate the charges 
accordingly. 

§ 1 6. If the buildings and improvements herein provided for shall 
be ready for the reception of pupils before the next regular session of 
the General Assembly, the Governor is authorized to make orders on 
the Auditor, directing him to issue warrants at the end of each quarter 
of the fiscal year for amounts sufficient to pay expenses chargeable 
against the State out of the above named apppropriation of $50,000, 
and the Auditor shall issue warrants accordingly, which shall be 
paid by the treasurer. 

§ 17. The trustees of this institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to issue 
warrants quarterly, upon taking the affidavit of the trustees as to the 
actual time employed, and their personal and traveling expenses. 

Approved May 22, 1895. 

EASTERN ILLINOIS STATE NORMAL SCHOOL. 

An Act to establish and maintain the Eastern Illinois State 

Normal School. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That a body politic and 
corporate is hereby created, by the name of the Eastern Illinois 
State Normal School, to have perpetual succession with power to 
contract and be contracted with, to sue and be sued, to plead and be 
impleaded, to receive by any legal mode or transfer or conveyance 



204 

property of any description, and to have and hold and enjoy the . 
same; also to make and use a corporate seal with power to break or 
change the same, and adopt by-laws, rules and rea:ulation8 for the 
government of its members, official agents and employes: Provided, 
such by-laws shall not conflict with the Constitution of the United 
States or of this State. 

§ 2. The object of the said Eastern Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 
imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education; in the elements of the 
natural and of the physical sciences; in the fundamental laws of the 
United States and of the State of Illinois, in regard to the rights and 
duties of citizens. 

§ 3. The powers of the said corporations shall be vested [in] and 
its duties performed by, a board of trustees, not exceeding five in 
number, to be appointed as hereinafter provided. 

§ 4. Upon the passage of this act, the Governor shall nominate 
and, by and with the advice of the Senate, shall appoint five citizens 
who shall be residents of the State of Illinois, as trustees of said in- 
stitution, two of whom shall serve for two years and three for four 
years, and until their successors are appointed and enter on duty; 
and successors in each class shall be appointed in a like manner for 
four years: Provided, that in case of a vacancy by death or other- 
wise, the Governor shall appoint a successor for the remainder of the 
term vacated: Provided, that no two members of said board shall be 
residents of any one county. The Superintendent of Public Instruc- 
tion shall be a trustee of said school, ex officio. (As amended by act 
approved Feb. 18, 1897.) 

1. The appointment of normal school trustees by the Governor is not in- 
valid if made before the act creating the ofi&ce goes into effect, but after it 
has been approved and signed, where the constitution provides tnat on such 
approval and signing, the act shall thereupon become a law. People v. 
Inglis, 161-256. 

2. A statute making the superintendent of public instruction ex officio a 
trustee of a normal school, merely enlarges the duties of his oflB.ee, and does 
not violate section 5, article 5 of the constitution, making him ineligible to 
any other ofl&ce. Ibid. 

3. The proviso that no two members of the board of trustees of a normal 
school shall be residents of any one county, does not have any application to 
the superintendent of public instruction, who is an ex officio member of said 
board. Ibid. 

§ 5. The said trustees shall hold their first meeting at 

within one month from the time this act goes into effect, at which 
meeting they shall elect one of their body as president and another 
as secretary, and cause a regular record to be made and kept of all 
their proceedings. The said board shall also, whenever his services 
shall be required, appoint a treasurer, not a member of the board, 
who shall give bonds to the People of the State of Illinois in double 
the amount of the largest sum likely to come into his hands, the 
penalty to be fixed by the board, conditioned for the faithful dis- 



205 

charge of his duties as treasurer, with two or more securities; the 
treasurer may also be required to execute bonds from time to time as 
the board may direct. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer, agent or employ^ of the board shall be a 
party to, or interested in, any contract for materials or supplies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts, or with such person or 
persons as may be designated by law for that purpose. And the 
trustees shall, ten days previous to each regular session of the Gen- 
enal Assembly, submit to the Governor a report of all their actions 
and proceedings in the execution of their trust, with a statement of 
all accounts connected therewith, to be by the Governor laid before 
the General Assembly. 

§ 9. The said board shall meet quarterly at such place or places 
as may be agreed on and, until the buildings are completed, as much 
oftener as may be necessary, and thereafter the meetings shall be at 
the school. 

§ 10. The trustees shall, as soon as practicable after their ap- 
pointment, arrange to receive from the localities desiring to secure 
the location of said school, proposals for donation of site, of not 
less than 40 acres of ground, and other valuable considerations, 
and shall locate the same in the place offering the most advantageous 
conditions, all things considered, in that portion of the State lying 
north of the Baltimore & Ohio Southwestern railroad, and south of 
the Wabash railway, and east of the main line of the Illinois Cen- 
tral railroad, and the counties through which said roads run, with a 
view of obtaining a good water supply and other conveniences for 
the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid, the 
trustees shall proceed to secure plans, and to contract for the erec- 
tion of buildings in which to furnish educational facilities for such 
number of students as hereinafter provided for, together with the 
out houses required for use; also for the improvement of the land so 
as to make it available for the use of the institution. The buildings 
shall not be more than two stories in height, and be constructed upon 
the most approved plans for use, and shall be of sufficient capacity 
to accommodate not less than 1,000 students with officers and neces- 
sary attendants. The outside walls to be hewn stone or brick, parti- 
tion walls of brick, or equally good fire-proof material; roof of slate, 
and the whole building made fire-resisting, and so constructed as to 
be warmed in the most healthful and economical manner, with ample 
ventilation in all its parts. The out houses shall be so placed and 
constructed as to avoid all danger to the main buildings from fire 
originating in any one of them. The board shall appoint a trust- 
worthy and competent superintendent of the buildings and improve- 



206 

ments aforesaid, whose duty it shall be to be always present during 
the progress of the work, and see that every brick, stone or piece of 
timber used is sound and properly placed, and whose right it shall 
be to require contractors and their employes to conform to his direc- 
tions in executing their contracts: Provided, however, that said 
board of trustees shall not appoint any one of their number such 
superintendent: And, provided further, ihsii the buildings afore- 
said may be erected and improvements made under the direction of 
the board and superintendent, without letting the same to contrac- 
tors. 

§ 12. The said board of trustees shall appoint instructors, together 
with such other officers as may be required in the said normal schools, 
fix their respective salaries and prescribe their several duties. They 
shall also have power to remove any of them for proper cause after 
having given ten days' notice of any charge which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also pre- 
scribe the text-books, apparatus and furniture to be used in the 
school, and provide the same, and shall make all regulations neces- 
sary for this management. 

§ 13. All the counties of the State shall be entitled to gratuitous 
instruction for two pupils for each county in said normal school, and 
each representative district shall be entitled to gratuitous instruction 
for a number of pupils equal to the number of representatives in 
said district, to be chosen in the following manner: The superin- 
tendent of schools in each county shall receive and register the 
names of all applicants for admission in said normal school, and 
shall present the same to the county court, or in counties acting under 
township organization, to the board of supervisors, as the case may 
be, shall, together with the superintendsnt of schools, examine all 
applicants so presented, in such manner as the board of trustees may 
direct; and from the number of such as shall be found to possess the 
requisite qualifications, such pupils shall be selected by lot; and in 
representative districts composed of more than one county, the su- 
perintendent of schools and county judge, or the superintendent of 
schools and the chairman of the board of supervisors in counties 
acting under township organization, as the case may be, of the sev- 
eral counties composing such representative district, shall meet at 
the clerk's office of the county court of the oldest county, and from 
the applicants so presented to the county court or board of super- 
visors of the several counties represented, and found to possess the 
requisite qualifications, shall select by lot the pupils to which said 
district is entitled The board of trustees shall have discretionary 
power, if any candidate does not sign and file with the secretary of 
the board a declaration that he or she will teach in the public schools 
within the State not less than three years, in case that engagements 
can be secured by reasonable efforts, to require the candidate to pro- 
vide for the payment of such fees for tuition, as the board may pre- 
scribe. 



207 

§ 14. To enable the board of trustees to erect the buildings and 
make the improveoaents preparatory to the reception of pupils in 
said institution, to supply the necessary furniture for the same, and 
for the first year's instruction, the sum of $50,000 is hereby appro- 
priated out of the State treasury, payable on the orders of said board, 
as required for use, in sums not exceeding $10,000 per month; the 
first payment to be made on the first day of July, 1896, and subse- 
quent payments shall be accompanied by an account, sustained by 
vouchers, showing to the satisfaction of the Auditor and with the 
approval of the Governor, the expenditure of the previous payment. 

§ 15. The expense of the building, improving, repairing and sup- 
plying fuel and furniture, and the necessary appliances and appara- 
tus for conducting said school, and the salaries or compensation of 
the trustees, superintendent, assistants, agents and employes, shall 
be a charge upon the State treasury; all other expenses shall be 
chargeable against pupils and the trustees shall regulate the charges 
accordingly. 

§ 16. If the buildings and improvements herein provided for shall 
be ready for the reception of pupils before the next regular session of 
the General Assembly, the Governor is authorized to make orders on 
the Auditor, directing him to issue warrants at the end of each quarter 
of the fiscal year for amounts sufficient to pay expenses chargeable 
against the State out of the above named appropriation of $50,000, 
and the Auditor shall issue warrants accordingly, which shall be 
paid by the Treasurer. 

§ 17. The trustees of the institution shall receive their personal 
and traveling expenses, and the Auditor is hereby authorized to issue 
warrants quarterly upon taking the affidavit of the trustees as to the 
actual time employed, and their personal and traveling expenses. 

Approved May 22, 1895. 

WESTERN ILLINOIS STATE NORMAL SCHOOL. 

An Act to establish and maintain the Western Illinois State Normal 

School. 

Section 1. Be it enacted by the People of the State of Illinois, 
represenfed in the Geyieral Assembly: That a body politic and cor- 
porate is hereby created, by the name of the Western Illinois State 
Normal School, to have perpetual succession, with power to contract 
and be contracted with, to sue and be sued, to plead and be impleaded, 
to receive by any legal mode or transfer or conveyance, property of 
any description, and to have and hold and enjoy the same; also, to 
make and use a corporate seal, with power to break or change the 
same; to adopt by-laws, rules and regulations for the government of 
its members, official agents and employes: Provided, such by-laws 
shall not conflict with the Constitution of the United States or of this 
State. 

§ 2. The object of the said Western Illinois State Normal School 
shall be to qualify teachers for the common schools of this State by 



208 

imparting instruction in the art of teaching in all branches of study 
which pertain to a common school education, and such other studies 
as the board of trustees may from time to time prescribe. 

§ 3. The powers of the said corporation shall be vested in, and its 
duties performed by, a board of trustees not exceeding five in num- 
ber, to be appointed as hereinafter provided. 

§ 4, Upon the passage of this act the Governor shall nominate, 
and by and with the advice of the Senate appoint, five citizens of the 
State as trustees of said institution, two of whom shall serve for two 
years, and three for four years, and until their successors are ap- 
pointed and enter on duty; and successors in each class shall be 
appointed in like manner for four years: Provided, however, that 
in case of a vacancy by death or otherwise, the Governor shall ap- 
point a successor for the remainder of the term vacated: And, pro- 
vided further, that no two members of said board of trustees shall be 
residents of any one county. The superintendent of public instruc- 
tion shall be a trustee of said school, ex officio. 

§ 5, The board of trustees shall hold their first meeting at , 

within one month from the time this act goes into effect, at which 
meeting they shall elect one of their body president, another secre- 
tary, and cause a regular record to be made and kept of all their pro- 
ceedings. The board of trustees shall also appoint a treasurer, not a 
member of said board, who shall give bonds to the People of the State 
of Illinois in double the amount of the largest sum likely to come 
into his hands, the penalty to be fixed by the board of trustees, con- 
ditioned for the faithful discharge of his duties as treasurer, with two 
or more persons as securities. 

§ 6. The treasurer shall keep an accurate account of all moneys 
received and paid out ; the account for articles and supplies of every 
kind purchased shall be kept and reported, so as to show the kind, 
quantity and cost thereof. 

§ 7. No member, officer or agent of the board of trustees shall be 
a party to or interested in any contract for materials and supplies. 

§ 8. Accounts of this institution shall be stated and settled an- 
nually with the Auditor of Public Accounts. The board of trustees 
shall, ten days previous to each regular session of the General As- 
sembly, submit to the Governor a report of all their actions and pro- 
ceedings in the execution of their trust, with a statement of all 
accounts connected therewith, to be by the Governor laid before the 
General Assembly. 

§ 9. The board of trustees shall meet quarterly at such place or 
places as may be agreed on, and, until the building is completed, as 
much oftener as may be necessary, but thereafter the meetings shall 
be at the school. 

§ 10. The board of trustees shall, as soon as practicable after 
their appointment, arrange to receive from the localities desiring to 
secure the location of said school, proposals for donation of a suit- 
able site and other valuable considerations, and shall locate the same 



209 

in the place offering the most advantageous conditions, all things 
considered, as nearly central as possible in that portion of the State 
lying west of the fourth principal meridian, in what is known as the 
"military tract," with a view of obtaining a good water supply and 
other conveniences for the use of said institution. 

§ 1]. Upon the selection and securing of the land aforesaid the 
board of trustees shall proceed to secure plans and to contract for 
the erection of a building in which to furnish educational facilities 
for such number of students as hereinafter provided for; also for the 
improvement of the land, so as to make it available for the use of the 
institution. The building shall be constructed upon the most ap- 
proved plans for use, and shall be of sufficient capacity to accommo- 
date not fewer than 500 students, with the officers and necessary 
attendants. The outside walls to be of stone or brick, partition walls 
of brick, and the entire building made fire-resisting and so con- 
structed as to be warmed in the most healthful and economical man- 
ner, with ample ventilation in all its parts. Said plans shall be ac- 
companied by specifications and an itemized statement of the amount 
required for the erection and completion of the building in accord- 
ance therewith; but no plans or specifications shall be adopted by 
the board of trustees until the same shall have been submitted to and 
approved by the Governor. 

The board of trustees shall appoint a competent and trustworthy 
superintendent of the building and improvements aforesaid, whose 
duty it shall be to be present during the progress of the work and to 
see that every brick, stone and piece of timber used is sound and 
properly placed, and whose right it shall be to require contractors 
and their employes to conform to his directions in executing their 
contracts: Provided, however, that said board of trustees shall not 
appoint any one of its number such superintendent: And, provided 
further, that the building aforesaid may be erected and the improve- 
ments made under the direction of the board of trustees and superin- 
tendent without letting the same to contractors. 

§ 12. The board of trustees shall appoint instructors and sucb 
officers as may be required in said school, fix their respective salaries, 
prescribe their several duties, and shall have power to remove any of 
them for proper cause. It shall prescribe the text books, apparatus 
and furniture to be used in said school, and provide the same, and 
shall make all rules and regulations necessary for its management. 

§ 13. Each county in the State shall be entitled to gratuitous in- 
struction for one pupil in said school, to be chosen in the following 
manner: The superintendent of schools in each county shall re- 
ceive and register the names of all applicants for admission to said 
school, and shall examine said applicant at such time and in such 
manner as the board of trustees may direct, and the applicant found 
to possess the highest qualifications shall be accepted as the pupil to 
which said county is entitled. The board of trustees shall have the 
power, if such pupil does not sign and file with the secretary of the 
board of trustees a declaration that he or she will teach in the public 
—14 S 



210 

ichools within this State not fewer than three years, in case that en- 
gagements can be secured by reasonable efforts, to require said pupil 
to provide for the payment of such fees for tuition as the board of 
trustees may prescribe. 

§ 14. To enable the board of trustees to erect said building?, to 
supply the necessary furniture for the same, to improve said land 
and for the first year's instruction, the sum of $75,000 is hereby ap- 
propriated out of the State treasury, payable on the orders of said 
board of trustees as required for use, in suras not to exceed $10,000 
per month, the first payment to be made on the first day of July, 
1900, and subsequent payments shall be accompanied by an account 
sustained by vouchers, showina; to the satisfaction of the Auditor, 
and with the approval of the Governor, the expenditure of the pre- 
vious payment. 

§ 15. The expense of the building, improving, repairing and sup- 
plying fuel and furniture, the necessary apparatus for conducting 
«aid school, the salaries or compensation of the trustees, superintend- 
ents, assistants, agents and employes shall be a charge upon the 
State treasury; all other expenses shall be chargeable against the 
pupils of said school, and the board of trustees shall regulate the 
charges accordingly. 

§ 1(>. The trustees of said school shall receive only their personal 
and traveling expenses, and the Auditor is hereby authorized to is- 
sue warrants quarterly, upon presentation of itemized statements of 
such accounts by said trustees, verified by affidavits, as to their actual 
personal and traveling expenses. 

Approved April 24, 1899. 

COUNTY NORMAL SCHOOLS. 

An Act to enable counties to eslablish caunty normal schools. 

Seotlon 1. Be it enacted by the People of the State of Illinois, 
represented in the General At^sembly : That in each county adopt- 
ing township organization, the b *Hrd of supervisors, and in other 
counties the county court, may establish a county normal ecliool for 
the purpose of fitting teachers for the common schools. That they 
sliali be authorized to levy taxes and appropriate moneys for the sup- 
port of said schools, and also for the jjurchase of necessary grounds 
and buildings, furniture, apparatus, etc., and to hold and acquire, by 
gift or purchase, either from iurlividuais or corporations, any real 
estate, buildings or other property, for the use of said schools, said 
taxes to be levied and collected as all other county taxes: Provided, 
that in counties not under township organization, county courts shall 
not bn authorized to proceed under the provisions of this act until 
the subject shall have been submitted to a vote of the people, at a 
general election, and it shall aj^pear that a majority of all the votes 
cast on the subject, at said election, shall be in favor of the establish- 
ment of a county normal school. The ballots used in voting on this 
subject may read: "For a county normal school" or "Against a 
-county normal school." 



211 

§ 2. The management and control of said school shall be in a 
county board of education, consisting of not less than five or more 
than eight persons, of which board the chairman of the board of 
supervisors, or the judge of the county court, as the case may be, and 
the county superintendent of schools, shall be t^x <fficw members. 
The other members shall be chosen by the board ot supervisors or 
couijty court, and shall hold their oflBces for the term of three yearSv 
But at the first election one-third shall be chosen for one year, one- 
third for two years, and one third for three years, and thereafter one- 
third shall be elected annually. Said elections shall be he!d at the 
annual meeting of the board of supervisors in September, or at the 
September term of the county court, as the case may be. 

§ 3. Said board of education shall have power to hire teachers, 
and to make and enforce all needful rules and regulations for the 
management of said schools. A majority of said board shall consti- 
tute a quorum for the transaction of business, and a meeting of said 
board may be called at any time by ttie president or secretary, or by 
any three of the members thereof. Said board shall proceed to or- 
ganize within 20 days after their appointment, by electing a presi- 
dent, who shall hold his office for one year, and until his successor 
shall be appointed. The county superintendent shall be, ex officio, 
secretary of the board. Said board shall make to the board of super- 
visors at their annual meeting in September, or to the county court 
at the September term, as the case may be, a full report of the con- 
dition and expenditures of said county normal school, together with 
an estimate of the expenses of said school for the ensuing year. 

§ 4. Two or more counties may unite in establishing a normal 
school, in which case the per cent of tax levied for the support of 
said school shall be the same in each county. 

§ 5. In all counties that have already established normal schools, 
the action of the board of supervisors in so doing, and all appropria- 
tions made by them for their support, are hereby legalized, and said 
board of supervisors are hereby authorized and empowered to make 
further appropriations for the support of such school already estab- 
lished, until such schools have been established under the previous 
sections of this act. 

§ 6. No member of the aforesaid county board of education shall 
be entitled to compensation for services rendered as a member of 
such board. 

§ 7. This act shall be in force from and after its passage. 

Approved March 15, 1869. 



212 



CALENDAR. 



January, first Monday — Apportionment of Auditor. 

March 1, on or before — Payment of Auditor's warrants. 

On or before same day — Report of fines and forfeitures. 

April 1, on or before — Collector of taxes to pay treasurer. 

April, first Monday — Regular meeting of trustees; treasurer's re- 
port. 

Within two days after — Treasurer's statement to district school 
boards. 

April, first Tuesday — Election of trustee when elected at town 
meetings. 

April, second Saturday — Election of trustee in other cases. 

Within ten days after — Organization of board of trustees. 

April, third Saturday — Election of directors; their report to voters. 

Same day — Election of members of board of education. 

Within ten days after — Organization of board of directors and 
board of education. 

June, first Saturday — University scholarship examination at the 
county seat by county superintendent, 

June 80 — Treasurer's report of notes, etc., to county superinten- 
dent. 

July 7— Reports of statistics by district boards to treasurer. 

On or before the same day — All schedules or statements of attend- 
ance filed with treasurer. 

July 15 — Trustees' report to county superintendent. 

July 15 — Treasurer's statement to district boards. 

August, first Tuesday — District boards to certify tax levy to treas- 
urer. 

August, second Monday — Same returned to county clerk by treas- 
urer, 

August 15 -County superintendent's report to State superinten- 
dent. 

September, at annual meeting — County superintendent's report to 
county board. 

September 30, on or before — Notice of county superintendent to 
president of board of trustees and clerk of district board of amount 
of money paid by him to treasurer. 

October, first Monday — Regular meeting of trustees; treasurer's 
report. 

November 1 — State Superintendent's report to Governor; bien- 
nially. 

November, Tuesday after first Monday, 1905 — Election of State 
and county superintendents, and quadrennially thereafter. 



213 



TABLE OF CASES. 



a 

Ackerman V. Haenck 66.84.166 

90 
Adams v. Brenan 

Adams v. State of Illinois 63.63.117.119 

Adkins V. Mitchell ^' 

Adkins V. Mitchell ; ^°^ 

Alderman V. School Directors '^'^^ 

B 

Badgrer V. Knapp *" 

Baltimore & Ohio Southwestern Railroad Co. ▼. The People 6.78.106 

Banks V. School Directors 29.81 

Barber V. Trustees of Schools ^ 

Barger V. Jones ^"•^^' 

Bartlettv. Board of Education 52.118 

152 
Bivens v. Harper 

am 

Bloome v. HograefC ™ 

Board of Directors v. Baker ^' 

Board of Education v. Arnold 98,149 

Board of Education v. Bakewell ^^* 

Board of Education v. Blodgett 11* 

Board of Education v. Board of Education 1^* 

Board of Eaucation v. Bolton '^ 

Board of Education v. Bolton ^ 

Board of Education v. Carolan '* 

Board of Education v. Foley '* 

Board of Education T. Greenbaum & Sons • 1^* 

Board of Education v. Helston '* 

Board of Education v. Lease "" 

Board of Education v. Neidenberger 1^1 

Board of Education v. Roeher °^ 

Board of Education v. Stotlar ^ 

Board of Education V. Taft 116.118 

Board of Education v. Trustees of Schools *2 

Board of Trustees r. Baker ^5.56 

Board of Trustees v, Davidson ^ 

Board of Trustees v- Mlsenheimer = ^^ 

Boehmv. Hertz 1^* 

Bolton V. Board of Education 118.121 

Boone V. The People ^''•l^l 

Botkin V. Osborne ^^'1^1 

Bradley V. Case 20.130 



214 
Table of Cases — Continued. 

Bradley v. Snyder 69 

Brenan v. The People 80 

Buck V. The People 116 

Bunn V. The People 62 

Burr V. City of Carbondale 194 

Bash V. Shipman 20,55 

e 

Cairo. Vincennes & Chicago Railway Co. v. Mathews 112 

Canal Trustees v. Haven 131 

Carolan v. Board of Education 34 

Carrico V. The People 42.43,65 

Cassady V. Trustees of Schools 151 

Chase v. Stephenson 1,147 

Chesney v. Meadows 72 

Chessire v. The People 43,63 

Chicago & Alton Railroad Co. v. The People.... 110 

Chicago & Alton Railroad Co v. The People 107 

Chicago & Alton Railroad Co. v. The People 108 

Chicago & Northwestern Railroad Co. v. The People 108 

Chicago & Northwestern Railroad Co. v. The People Ill 

Churchill v. Fewkes 71 

City of Chicago v The People 2,21 

City of Jacksonville v. Akers 70 

City of Pekin v. Reynolds 120 

Clark V. School Directors 77.129 

Cleveland, Cincinnati, Chicago & St Louis Railway Co. v. Randle 101,119 

Clybourn v. Pittsburg. Fort Wayne & Chicago Railway Co 138 

Cole V. National School Furnishing Co 118 

Cole V. National School Furnishing Co 118 

Colliery. Anlicker 67,166 

Cooke V. School Commissioner 135 

Corn V. Board of Education 75,86 

County of Cook v Industrial School for Girls 2 

County of McLean v. City of Bloomingtou 6 

Cowgill V. LoL'g 61 

Crane v. City of Urbana 149 

Cravener v. Board of Education 89.90 

Cross V, School Directors 73 

Curry V. Mack 58 

D 

Davidson V. Reed 2» 

Davis V. Nichols 81 

Davis V. School Directors 67,73 

Dorsey V. Brigham 165,166 

Doyle V. School Directors 97 

B ' 

Edwards V. Trustees of Schools 56 

Eldridge v. Trustees of Schools 30 

EwingT. School Directors 75 



215 

Table of Cases— Continued. 



Fishery. The People 36 

Fleece v. Russell 20 

Folftom V. School Directors 61,77.117,129 

Fox V. The People 72 

Frick V. Trustees of Schools 22 

Fuller V. Heath 112,149 

G 

Gale V. Knopf 37 

Glidden v. Hopkins 63,128.151 

Greeley y. The People 37 

Greeuleaf V. Township Trustees 1,19 

Greenwood y. Gmellch 34 

Grove y. School Inspectors 38 

H 

Hamilton y. Cook Ceunty 18 

Hamilton v. Frette 41 

Hamilton v. Wright 69 

Hemstreet v. Burdick 32 

Hewett V. Board of Education 69 

Hewett v. Normal School Oidtrlct 119,160 

Holbrouk y. Trustees of Schools 26 

Holmes y. City of Mattoon 162 

House y. Trustees of Schools 68 

Humiston v. Trustees of Schools 63 

I 

Indiana, Decatar & W«stem Railway Co. v. The People 112 



Jackson v. Bruner 138 

Jameson y. Couway 19 

Jefferson County v. Johnson 12 

Jimison y. Adams County 13 

Jimison y. County of Adams 12 



Kelly y. School Directors 65 

Keyes y. Jasper 65 

Kidder v. Trustees of Schools 10,135 

Kiehuay. Manaker 78 

Kiehna V. Mansker 78 

Kingy. McDrew II3 

Kinnarey. City of Chicaeo 90 

Kinnare y. City of Chicaeo 90,92 

Kuopf y. The People 105 

Knox County y. Christianer 18 

Koellinffy. The People 106 

Euenster y. Board of Education 85 



216 
Table of Cases — Continued. 

L 

Ladd V. Board of Trustees ; 62,63 

Lanffdale V. The People 128 

Lawbaush V. Board of Education 72 

Lawbaueh V. Board of Education 72 

Lawrence V. Traner , 68,109.110 

Lemont V. Sineer & Talcott Stone Co 117 

Lipplncott V. Board of Education 104 

Loneans V. Taylor 63 

Lovinetonv. Board of Trustees 62 

M 

Marcy V. Taylor 

Mason V. The People 40.80 

McCormick V. Burt 71,77 

McCuUough V. Board of Review 4 

McDonald y. County of Madison 163 

McGurnv. Board of Education 89,90 

McHaney v. Trustees of Schools 68 

Merrittv. Ferris 66,80.104,108 

Metz V. Anderson 22.38,108 

Millard y. Board of Education 76,145 

Millard v. Board of Education 146 

Miller V. Trustees of Schools 44,64 

Millison V. Fisk 152 

Mills V. Thornton 113 

Mollv. School Directors 48 

Montgomery t. Wyman 4 

Monticello Female Seminary v. The People 4 

Moore v. Fessenbeck lH 

Moore v. Fessenden 118 

Moore V. School Trustees 20 

Munsonv. Crawford 104 

Mnnson V. Minor 108 

Murray V. Clay County 12 

N 

Neville V. School Directors 75,97 

Newell V. School Directors 129.151 

Newton V. The People 1** 

Nichols V. School Directors 78 

Noble V. School Directors 153 

O 

O'Day V. The People 105 

Olney School District v. Christy 68,76 

Otis V. The People ....103,106 

P 

Pace V. County Commissioners 4 

Pace V. The People U 

Pace V. The People 17,28 



217 

Table of Cases — Continued. 

Parrv. Miller 40 

Parr V. Miller 39,40.42 

Peers v. Board of Education 63.130.151 

Pennington V. Coe 80,130.152 

People V. Allen 39 

PeoDle V. Auditor 138 

People V. Board of Education 8S 

People V. Board of Education 147 

People V. Board of Education 89,168 

People V. Board of Education 73 

People V. Brown 24,25,33 

People V. Bruennemer 33 

People V. Chicago & Northwestern Railway Co 80.108 

People V. Chicago & Northwestern Railway Co 112 

People V. Cowden 33 

People V. Dupuyt 20.21 

People V. English 165 

People V. Frost 68 

People V. Haines 18,66 

People V. Inglis 6,204 

People V. Keechler 39.40,42,47,84 

People V. Kies 24,26 

People V. Mayor of Alton 147 

People V. Mayor of Alton 147 

People V. Mayor of Bloomlngton 160 

People V. Mays U 

People V. McFall 147 

People V. Newberry 64 

People V. Rea 145 

People V. Ricker 88 

People V. Roche 94 

People V. Simpson. 40 

People V. Slsson 80.116 

People V. Smith 107.108 

People V. Tazewell County 120 

People V. Trustees of Schools 19 

People V. Trustees of Schools 19.131 

People V. Trustees of Schools 64 

People V. Welsh 34.165 

People V. Wiltshire lU 

People V. Yeasel 114 

Plummer V. Yost 1.166 

Pollard V. School District 68,74,98 

Pottery. Board of Trustees 43 

Potter V. Board of Trustees 68 

Pottery. School Trustees 4C 

Potts V. Breen 72 

Powell V. Board of Education 8,78.99 

Powell T. Kettelle 136 

Q 
Quinn v. Allen 153 

—15 S 



218 
Table of Cases — Continued. 

R 

Bankinv. Cowden 38 

Rayfleldv. The People 42 

Eeay. The People 144,145 

Reich V. Berdel 138 

Renwick v. Hall 44 

Richards v. Raymond 1,36 

Robersonv. Trouett 70,76 

Robinson v. School Directors 68.75 

Rogers T. The People 48,151 

Ruble V. School District 80 

Rulisonv. Post 71,73,77 

S 

Sheik V. Trustees of Schools 63 

Schofleld V, Watkins 27.68 

School Directors v. Ann Hart 64 

School Directors y. Birch 76 

School Directors V. Breen 72 

School Directors v. Crews 76 

School Directors V. Ewington 76 

School Directors v. First National Bank of Greenville 74 

School Directors V. Fogleman 63,103.104 

School Directors v. Hudson 76 

School Directors v. Jennings 68 

School Directors v. Kimmel 67 

School Directors v. Miller 48 

School Directors v, Miller 69,119 

School Directors V. National School Furniture Co 64.65.153 

School Directors V. Orr 74,98 

School Directors v. Parks 69 

School Directors v. Reddlck 75 

School Directors y. School Directors 27,56 

School Directors y. School Directors 46,48,49 

School Directors y. School Directors 66 

School Directors y. School Directors 49 

School Directors V. School Directors 22,31,39,44,48 

School Directors y. Sippy 117 

School Directors y. Spragrue.. 68,101 

School Directors y, Taylor 117 

School Directors y. The People 21,62,63 

School Directors y. The People 78 

School Directors v. The People 81 

School Directors v. Tineley 63 

School Directors y. Trustees of Schools , 39 

School Directors y. Wright 63,79 

School District y. School District 124 

School District y. Sterricker 97 

School District y.StUley 97 

School Inspectors y. The People 38 

School Inspectors y. The People 150 

School Trustees y. Kirwin 53 

School Trustees y. School Directors 14,39,40,106 

School Trustees V. The People 19 



219 
lable of Coses— Continued. 

Behool Trustees V. Wrlsrht 135 

Scott V. Trustees of Schools 43 

Beeeer V. Mueller 133,134 

Sexton Y. School Commissioner 55 

Bhaefer V. The People 41 

Sharp V.Smith 63 

Sherlock v. Wlnnetka 69 

Sherlack v. Wlnnetka 69,77,120 

Shlras r. Irwin 80 

Simons V. The People 21,24 

Smith V. Board of Supervisors 62 

Smith V. The People •...149,150 

Snowball V. The People 65 

Snyder V. Spauldin«r 143 

Spaulding: Lumber Co. v. Brown 163 

Speight V. The People 111,148 

St. Louis, Rock Island & Chicasro Railroad Co. v. The People HI 

Sprinsr v. Wright 150 

Sprine: Valley Coal Co. v. The People 108 

Stanhope v. School Directors 63,98 

Stephenson v. School Directors 63,64.73 

Stewart V. School Directors 68 

Story V. The People 34 

Stnckney V. Churchman 73 

Swift V. Trustees of Schools 53 

SwiftT. Trustees of Schools 63 

T 

Tappanv. The People 116 

Thatcher v. The People 114 

Thatcher v. The People 103.112,121 

Thatcher V. The People 121 

Tingley V. Vaughn 78 

Thomas v. Urbana School District 163 

Thompson v. Beaver 38,70 

Thompson V. Trustees of Schools 63 

Trumbo V, The People 30,64 

Trustees of Schools v. Allen 20,68,135.137 

Trustees of Schools v. Arnold 31.52 

Trustees of Schools v. Baker 55,62 

Trustees of Schools t. Bibb 69 

Trustees of Schools v. Braner , 30 

Trustees of Schools v. Champaign Couaty 4 

Trustees of Schools T. Douglas 60 

Trustees of Schools v. Key 39 

Trustees of Schools v. Misenheimer 62 

Trustees of Schools V. Peak 69 

Trustees of Schools v. Peteflsh 30 

Trustees of Schools v. Rodgers 62 

Trustees of Schools v. School Directors 44 

Trustees of Schools v. Schroll ., 131 

Trustees of Schools v. Shepherd 45 

Trustees of Schools v. Smith 63 

Imstoee of Sehools v. Southard 29,66 



220 
Table of Coses— Concluded. 

Trustees of Schools V. Stokes 62 

Trustees of Schools v. The People 43 

Trustees of Schools V. The People 82.38 

Trustees of Schools v. The People 21 

Trustees of Schools V, The People 35,71,73 

Trustees of Schools V. The People 19,38 

Trustees of Schools v. Trustees of Schools 22 

D 

University of Chicaso T. The People 5 

Y 

Vllla&reof Cahoklav. Rautenbere 22 

Van Valkenbere V. Trustees of Schools 68 

W 

Wabash Railroad Go. v. The People 104 

Wabash Railroad Co. v. The People 10« 

Wabash Railroad Co. V. The People 78,106,118 

Wahlv. School Directors 144 

Walserv. Board of Education 104 

Watson v. Abry 152 

Watts v. McLean 21,151 

Watts V. McCleave 80 

Webb V. The People 42 

Weber V. Ohio & Mississippi Railway Co , 107 

Wells V. The People,.... 63 

Whitlow V. Trustees of Schools 54,62 

Whitlow V. Trustees of Schools 64 

Wilson v. Board of Trustees 5 

Wilson y. Gerrard 29 

Wilson V. School Directors 29,64 

Z 

Serwloky. Weir BS 



221 



INDEX. 



ACCOUNTS- 

Of superintendents 

Of township treasurer 

Examined by county superintendent . 

How kept 

Statement of 

Subject to inspection 

With school districts 



Page. 


Sec. Note 


15 


15 


63 


2 


11 


13 


53 


2 


61 


19 


64 


2 



ACTIONS, CIVIL- 

Against collectors of taxes 115 11. 

County board 126 3. 

Purchaser of school lands 136 18. 

School oflcers 141 i. 

Township treasurer 61 2. 

Township trustees 16 18. 

To recover interest 58 11. 

On mortgages 57 8. 

Onnotes 58 11. 

ACTIONS. CRIMINAL- 

Aeainst school oflficers 142 6. 

Trespassers 131 5. 

ADMINISTRATORS- 

Debts due school fund 68 10. 

ADVERTISEMENTS- 

Sale of school houses 30 32. 

Lands 134 14. 

Sites 30 32. 

AGE- 

In school census 

In statistics of illiteracy 

Of school children 

APPARATDS- 

May be purchased 

May not be sold 

APPEALS- 

From county superintendent 

From district, bond not required 65 2 20 

From trustees 

From trustees 

—16 S. 



28 


28. 


28 


28. 


70 


26. 


77 


26 


69 


24. 


18 


22. 


65 


2 


45 


56. 


14 


13 



222 
Index — Continned. 

APPORTIONMENT OF FU¥DS- Page. See. Note 

By auditor 126 3 

By eotmty superintendent 17 20 

By trustees ; 27 26 

APPRAISERS- 

Appointed 48 64 

ASSESSOR- 

To desiemate number of district 113 6 

ASSISTANT- 

Appointment 12 10 

Compensation of 12 10 

ASSOCIATION- 

State teachers' 190 

ATTENDANCE LAW- 

Age of child subject to 166 1 

Attendance at private school sufficient 166 1 

Board to appoint truant officer 166 3 

Custodian of child liable 167 4.= 

Evasion of law, penalty 167 4 

Fine 167 4 

Howreeoverod 167 5 

Forfeiture 167 4 

Guardian of chDd liable 166 2...... 

Parent of child liable 166 2 

May change school 167 3 

Penalty 167 5 

Howrecovered 167 S 

Teacher to assign child 167 3 

Time of attendance required 166 1 

Truant officer 166 3 

Appointment 166 3 

Duty 167 3 

AUDITOR— 

To apportion fondt 126 3 

To file transcript of land sale 137 23 

To issue patent 137 24 

Toissne warrants 124 6 

To withhold funds, when 9 5 

AUSTRALIAN BALLOT ACT— 

Applies when 24 13 1 

BOARD OF EDUCATION— 

Conveyances made on written request 

Duties of 

Elected 

Election, when held..... 

How conducted 

Elections, manner of conducting directory 

Expenditure of money 

Funds subject to order 

Notice of election 

Failure to give 

Form of 

President and clerk to give 

Powers of 

When exercised 

Yeas and nays, when necessary 



87 


13 


84 


10 


83 


2 


8S 


5 


84 


8 


84 


6 3 


87 


11 


87 


U 


83 


6 


84 


7 


83 


6 


84 


6 1 


84 


10 


87 


12 


87 


11 



228 
Index — Continued. 

BOARD OP EDUCATION. CHICAGO— Page. Sec, Note 

A public corporation 91 17 12 

A auaii corporation , 90 17 5 

Appointment of 89 17 

Conveyances made on requeat of 94 25 

Dnty of 93 23 

Elljiblllty 92 18 

Funds subject to ordar of 95 26 

Power of 92 22 

Power of with concurrance of council 92 21 

Preaideni of, appointed 92 19 

Secretary of, appointed 92 19 

Yeaa and nays, when taken 92 20 

BOARD OP EDUCATION, STATE— 

A corporation 193 1 

Appointed, how 196 10 

Compensation 194 3 

Duties of 194 

To appoint aeent 194 5 

To appoint Instructors 195 6 

To appoint principal 195 6 

To appoint treasurer 196 12 

To elect president 196 ii 

To fix location 194 5 

To hold semi-annual meetings 196 11 

To receive donations 194 5 

Expenses 194 3 

Meetinff, first 194 5 

Semi-annual 196 11 

Number of 193 i 

Organization of 196 11 

President of 196 11 

Quorum of 194 3 

Secretary of 194 2 

Term of 196 10 

BOARD OF EDUCATION. TOWNSHIP- 

Electionof 34 40 

Number 34 40 

Organization 34 40 

Powers of 34 40 

Vacancy 34 40 

BOND. OFFICIAL- 

Superintendent's, county 10 2 

Approval of 10 2 

Custodianof 11 3 

Form of 10 3 

Insufficiency of. U 5 

Superintendent's. State 6 2 

Approval ofl 6 2 

Custodianof 6 2 

Treasurer's, township 51 1 

Approval of 51 1 

Custodian of 51 1 

Form of 51 1 

Insufficiency of 51 1 



224 

I 

Index — Continued. 

BONDS- Page. Sec. Note 

Amount limited 116 1 

Disposition of proceeds 119 3 

Election for 120 4 

How conducted 121 5 

Notice of election 120 4 

Form of 120 4 

Poll-book 122 6 

Penalty for failure to return , 122 6 

Returned to treasurer 122 6 

Powerto issue 116 1 

Refundinsr 122 7 

Registration 122 7...... 

BOOKKEEPING— 

Not required study 73 26 1 

BOUNDARIES OP DISTRICTS- 

Changed, how 39 47 

In certain cases 41 49 

BRANCHES OP STUDY- 

Prescribedby directors 73 26 

Uniformity 73 26 

CALENDAR- 

Of school elections 212 

CENSUS- 

Taken by directors 69 22 

By superintendent 16 18 

Bytrustees 28 28 

CERTIFICATES— 

Age of applicants 96 1 

Essential, when 98 5 

Evidence of competency 97 3 1 

Evidence of qualification 97 3 1 

Fee for 99 8 

Form of 97 3 

Record of 98 4. 

Renewal of 97 3 

Revocation of 97 3 

CERTIFICATES. STATE- 

Examination for 96 3 

Revocation of 96 3 

CERTIFICATE OF LEVY— 

Basis of all taxes 107 2 1 

Form of , 106 2 

In district in two or more counties 113 4 

Return of 112 3 

CERTIORARI, WRIT OF- 

Appropriate remedy, when 

Original proceedings brought up on 

Should be dismissed, when 

Writ should be granted, when 



44 


53 


1 


22 


7 


1 


45 


56 


3 


44 


53 


3 



225 
Index — Continued . 

CHILD LABOR— Page. Bee. Note 

A.ee, proof of 171 6 

Agre and school certificate 171 4 

Age of children affected jby 170 1 

Certificate, age and school 171 4 

Approved, how 171 5 

Form of 172 7 

Owner of 172 7 

Eight hours, a working day 170 1 

Employment forbidden. 'when 174 11 

Evidence of 175 12 

Employment ticket 173 7 

Enforcement of law, whose duty 175 13 

Evening school 172 7 

Evidence of child's employment 175 12 

Factory inspector 174 9 

Duties of 174 9 

Hoursof labor 174 10 

Illiteracy 172 7 

Inspector of factories 174 9 

Duties of 174 9 

Lists, wall, to be kept 170 3 

Owner of certificates 175 7 

Penalty 175 14 

Proof of age 174 8 

Registers shall be kept; 170 2 

Repeal 176 15 

Schooling required 174 8 

Ticket, employment 172 7 

Wall lists to be kept 170 3 

CHILDREN- 

All to receive common school education 1 1 

Attendance of 166 

Illiterates 28 28 

Number of in school 28 28 

CITIES- ( 

Of 1.000 inhabitants 83 2 

Of 30,000 inhabitants 95 29 

Of 100.000 inhabitants 89 17 

CLERK. BOARDIOFiiDIRECTORS- 

Appointed 67 15 

Compensation 75 27 

Duty to exhibit accounts 75 26 

To keep record 68 17 

Toreportto treasurer 69 22 

COLLECTOR- 

Duty to notify directors 147 6 

To pay amount of taxes 114 8 

To pay auditor's warrant 127 4 

Liability of 115 11 

COLLEGES- 

Duty to make report 150 8 



226 
Index — Continued. 

COLORED CHILDREN- Page. Sec. Note 

Discrimination, what is 147 4 5 

Exclusion of, prohibited 146 4 

May not be done indirectly 147 4 2 

Have equal rigfhts Ill 

Mandamus will lie to compel admission of 147 4 3 

Penalty for exclusion 146 14 

For Intimidation , 147 5 

COMPENSATION— 

Assistant superintendent 12 10 

Clerk of board of directors 76 27 

County superintendent 12 11 

Generally 158 10 

Superintendent of Public Instruction..- 6 3 

Township treasurer 62 22 

CONDEMNATION- 

Land for site 81 32 

CONSTITUTIONAL PROVISIONS- 

Donations, how applied 

Are made to State 

City may hold title 

For what pur pos es used 

Not subject to taxation 

Free schools, efilcient system of 

Are public institutions 

Discrimination on account of color 

General Assembly shall provide 

Limitation on Legislature 

System of 

Indebtedness 

Limitation of , 

Prohibition on each corporation 

Section 12, articles, construed 

Officers 

County superintendent 

Not to be interested in contracts 

Powers prescribed by law 

Permanent school funds, statement of 

Sectarian purpose 

May not appropriate money for 

May not be done indirectly 

Section 1, article 8, construed 

Section 5, article 5, construed 

Section 10, article 10, construed 

Section 11, article 10, construed... 

Taxation 

Exemption from, what property 

Laws exempting strictly construed 

Must be clearly within law 

Must be held in trust 

Must be used for schools , 

Must furnish higher education 

Not exempt from special assessment 

Playground not exempt 

Private donations not exempt 

University lands exempt 

When not charitable institution 

When used with view to profit 



1 


2.. 
2 




1 


1 


1 


2 


1 


2 


2 


2 


2 


2 


2 


1 


1.. 


.... 


1 


1 


1 


1 


1 


1 


1 


1.. 


.... 


1 


1 


2 


1 


1 


3 


5 


12.. 


.... 


5 


12.. 


• . •• 


6 


12 


1 


5 


12 


2 


3 


4,6.. 


.... 


3 


5.. 


.... 


3 


4.. 




3 


5.. 


. ... 


3 


3 


4 


2 


3.. 


.... 


Z 


3.. 


.... 


2 


3 


1 


2 


3 


2 


6 


1 


1 


12 


11 


4 


12 


11 


1 


2 


3.. 




3 


3.. 




4 


3 


4 


4 


3 


7 


4 


3 


10 


3 


3 


1 


4 


3 


9 


6 


3 


12 


4 


3 


8 


5 


3 


13 


4 


3 


2 


5 


3 


11 


4 


3 


6 



227 
Index — Continued. 

CONTRACTS- Pa^e- Sec. Note 

Generally 1" 13 

Made by directors 8* 23 

With teachers 101 13 

CONVEYANCES- 

By superintendent 138 26 

By trustees 32 37 

To cities intrust ^ 25 

COSTS- 

Generally "6 1 

May not be taxed, when *5 55 4 

COUNTY BOARD— 

Duty of 125 2 

To audit accounts of superintendent 125 2 

To examine report of superintendent 12S 2 

To examine statement of superintendent 126 3 

To fill yacancy 125 2 

To provide office for superintendent 125 2 

Liability of members present 128 3 

Powerof 12* 1 

To approve bond of superintendent 12* 1 

To employ assistant for superintendent 125 1 

To Increase bond of superintendent 126 1 

To limit time of superintendent 125 1 

To remove superintendent, when 125 1 

To require additional bond 125 1 

To require superintendent to make report 125 1 

COUNTY CLERK- 

Certificate of value furnished by 123 3 

Computation of taxes 123 6 

Election of trustees ordered by 28 9 

Piline map of township only directory *6 57 1 

Land sales recorded by 12* ' 

List of tax payers filed by *6 6' 

List of trustees furnished by 123 1 

Map of township filed by *6 S7 

Record of chanffes filed by 123 2 

Tax extended by mistake 12* 6 1 

COUNTY PUND- 

Consists of what 12'^ 6 

Superintendent may lend • 1'' 21 

COUNTY SUPERINTENDENTS- 

A ministerial officer I'' 1 ' 

Additional bond required H ^ 

Appeals from, to State Superintendent 1* 13 

To, from decision of trustees 1* 13 • 

Apportion funds to townships 1' 20 

Approve and file treasurer's bond 17 19 

Bills, shall itemize 13 12 

Bond 10' 12 

Additional, required, when 10 2 

Filed, where H 13 

Form of 1° 3 

Treasurer's, approve and file 1' 19 



228 



Index — Continued, 

COUNTY SUPERINTENDENTS-ConcJuded. Page. Sec! Note 

Books, shall provide proper records ^ 15 15 

Compensation 12 11 

Fixed by legislature 12 11 5 

Duty in case of appeal 13 13 1 

To act as offlcial adviser 13 13 

To conduct teachers' institutes 14 13 

To determine and report decision, when 14 13 

To elevate standard of teaching: 14 13 

To examine notes and bonds 14 13...... 

To examine treasurers' books 14 13 

To file and keep poll-books 14 13 

To give directions!to officers 13 13 

To give notice of directors' election 14 13 

To give notice of trustees' election 14 13 

To grant certificates 14 13 

To hold examinations quarterly 14 13...... 

To keep account of institute fund 14 13 

To note methods of instruction 13 13 

To notify treasurers, when 15 13 

To present annual report ^ 15 13 

To receive treasurers' statements.. ..^ 15 13 

To:register applicants 13 13 

To sell township lands 13 13 

To visit schools 13 13 

Elected, when 10 1 

Liabilityof 18 23 2 

Of obligors 11 4 

When making loans 18 21 1,2 

May employ assistant 12 10 

Lend county funds 17 21 

Make statistics of townships 16 18 

Ministerial officer 10 10 1 

Money in hands of 18 23 

Oath 10 2 

Office and furniture 11 6 

Opinion in controversies 18 22 

Per diem allowence not fees 12 11 2 

Power 15 14 

To bring suit against collector 15 14 

To direct township treasurers 15 14 

To lease real estate 15 14 

To recommend remission of penalty 15 14 

To remove director 15 14 

To renew certificates 15 14 

To revoke certificates 15 14 

Records, shall deliver to successor 18 23 

Removal 18 23 

Cannot act after 19 23 3 

Report, annual 16 16 

To superintendent 16 17 

Resignation 11 8 1 

Timemaybe limited 12 9 

Vacancy, how filled 11 8 



229 
Index — Continued, 

DEAF CHILDREN- Page. Sec. Note 
Classes for 178 1 

DEBT, BONDED- 

Howdisposed of 46 58 

DEBTS- 

Due school fund 

Settled by trustees 

DEDICATION- 

By declaration of owner 

By uninterrupted user 

By written grant 

May be made in various ways 

No particular form necessary 

DIRECTORS- 

A body politic and corporate 

Absentee, notice to 

Act judicially 

Actions void, when 

Acts of oflBcers de facto 

Annual report 

Apparatus, may purchase, when 

Authority may be inquired into 

Balance due teachers, liable for 

Ballots, the best evidence 

Bond purchased by director, void 

Bookkeepinff 

Branches not compulsory 

Challenge 

Changes of textbooks 

Construction of repugnant acts 

Contracts, when illegal 

For current school year , 

For term after organization 

Privity of 

Cost of building not submitted 

Criminating testimony 

Defacement of building 

Discipline 

Diversion of funds 

Donations for sectarian purpose 

Duty- 

To adopt rules 

To appoint teachers 

To deliver schedules 

To inform collectors 

To make detailed report , 

To maintain school six months 

To pay public money, when 

To pay wages monthly 

To post treasurer's report 

To prescribe studies 

To provide revenue 

To report to superintendent 

To visit and inspect schools 



58 


10.. 


.... 


31 


36.. 


.... 


29 


31 


3 


29 


31 


3 


29 


31 


3 


29 


31 


3 


29 


31 


3 


63 


2.. 




68 


16 


1 


71 


26 


8 


63 


2 


3 


63 


2 


9 


69 


22.. 


.... 


77 


27 


1 


64 


2 


22 


79 


30.. 


.... 


67 


12 


1 


69 


23 


2 


73 


26 


1 


73 


26 


2 


66 


8 


4 


73 


26 


4 


64 


2 


20 


72 


26 


1 


64 


2 


16 


64 


2 


17 


73 


26 


3 


80 


31 


11 


77 


27 


3 


77 


27 


3 


77 


27 


5 


80 


31 


7 


77 


26 


1 


70 


26.. 


.... 


72 


26.. 


.... 


74 


26.. 


.... 


70 


26.. 


.... 


70 


26.. 




70 


26.. 


.... 


74 


26 


1 


74 


26.., 


,,.. 


75 


26.. 


.... 


73 


26.. 


.... 


70 


26.., 


.... 


70 


26.. 


.... 


72 


26... 


.... 



230 

Index — Continued. 

DIRECTORS— Continued. Page. Sec. Note 

Election of 65 5 

How conducted 66 8 2 

Not invalidated, when 80 31 8 

Postponement 66 10 

To fill vacancy 66 7 

Eligibility 65 3 

Estopped, when 63 2 4 

Expulsion, term of 77 27 i 

Failure to deliver poll book 67 14 

To order election 66 9 

First election 65 8 

Holidays, directors may grant 77 27 

What are 103 17 

Intention of voter 66 8 5 

Languages, modern 73 26 3 

Libraries, may purchase, when 77 27 1 

May employ teacher, when 68 19 1 

Meeting informal 68 19 i 

Regular and special 68 18 

Without formal notice 68 19 5 

Must show valid title to office 64 2 21 

Not responsible, when 71 26 9 

Not subject to action, when 71 26 7 

Nottobe interested in contracts 69 23 

In sales 69 24 

Note executed creates liability 69 23 3 

Notice of election 66 8 

When sufficient.. „ 66 8 1 

Obscene writing 77 27 3 

Official business transacted, when 68 19 

Omission in notice 80 31 9 

Order 78 28 



Drawn in anticipation of taxes 79 29. 

Draws interest, when 60 18. 



Void, when 74 26 1 

Organization 67 16 

Annual 67 15 1 

Penalty 69 25 

Persons assuming to act as 63 2 8 

Poll book 67 12 

In union districts 67 13 

Possess specially defined powers 63 2 1 

Powers of. construed , 67 15 2 

Specially defined 63 2 1 

To allow pay for clerk 75 27 

To assign pupils 76 27 

To borrow money 78 27 

To dismiss teacher 75 27 

To decide when site is unsuitable 78 27 

To expel pupils 76 27 

To grant holidays 77 27 

To make contracts 64 2 14 

To maintain suits 64 2 17 



231 

Jwdeaj— Continued. 

DIRECTORS-Concluded. 

To purchase record book 

To sell school property 

To suspend pupils 

President 

Pro tempore 

Presumption in favor of 

Quorum 

Reasonable notice 

Records, how kept 

Not conclusive 

Shall be kept 

Regristration 

Report of organization 

Residence 

For ichool purposes 

Responsible, when 

Returns 

Rules 

Excuse, written 

Must be reasonable 

Reasonable, what are 

Teacher bound by 

Unreasonable, when 

School house, destruction of 

Site 

Control vested in directors 

Description of 

Directors have no interest in title to 

Discretionary power to act on 

Injunction granted, when 

May be rented 

May pass over owner's land to 

May select when 

Must build on one chosen 

Perversion of 

Suit to compel deed for 

Vote of people necessary 

Suit brought in corporate name 

Suspension, term of..., 

Textbooks, changes 

For indigent children 

What are 

Tie vote 

Usurpation of office 

Vacancies 

Wages payable monthly ... 

DISTRICT, SCHOOL- 

Boundaries 

Changes, vote on 

Dissolved, when 

Divided by county lines 113 

Formation of 

Funds of 



se, 1 


Sec. Note 


75 


27.. 


..... 


77 


27.. 
27.. 




76 


...•• 


67 


15.. 




69 


20.. 




64 


2 


15 


68 


16.. 




68 


19 


2 


75 


27.. 


..... 


67 


15 


3 


68 


17.. 


..... 


66 


8 


3 


69 


21.. 


..... 


65 


6 


1 


70 


26 


1 


63 


2 


2 


67 


12 


2 


70 


26.. 




71 


26 


5 


70 


26 


3 


70 


26 


1 


70 


26 


2 


71 


26 


6 


75 


27 


6 


79 


31.. 




80 


31 


6 


80 


31 


12 


29 


31 


1 


79 


31 


1 


79 


31 


3 


30 


31 


4 


29 


31 


2 


79 


31., 




79 


31 


2 


30 


31 


4 


64 


2 


18 


79 


31 


4 


63 


2 


7 


77 


27 


4 


73 


26 


4 


74 


. 26.. 




73 


26 


7 


67 


11 . 




64 


2 


23 


65 


4.. 




74 


26.. 




39 


47.. 




41 


49.. 




49 


67.. 




113 


14.. 




39 


47., 




31 


34.. 





232 
Index — Continued. 

DISTRICT ^G^OOli-Coneluded. Page. Sec. Note 

Indebtedness of, in certain oases 162 l 

List of taxpayers 46 57 

Map of 46 56 

Numbered by superintendent 164 

Propertyof 31 34 

DONATIONS- 

For school purposes 2 3 

Same 145 12 

For school purposes 29 31 

EA.STERN ILLINOIS STATE NORMAL SCHOOL- 

A corporation 203 1 

Powers ofi 203 1 

Accounts 205 8 

Settled annually 205 8 

Treasurer shall keep 205 6 

Agent 205 7 

Not to be interested in contracts 205 7 

Appropriation 207 14 

Board of trustees 204 4 

Appointed by governor 204 4 

Bond, treasurer's 204 5 

Approved by trustees 204 5 

Penalty 204 5 

Building 205 11 

Description of 205 11 

How constructed 205 11 

Superintendent of 205 11 

Compensation of trustees 207 17 

Donations 205 10 

Expenses of school 207 15 

Against pupils 207 15 

Against State 207 15 

Location 205 10 

Meeting of trustees, first 204 5 

Regular 205 9 

Special 205 9 

Object 204 2 

Power of corporation 203 1 

Vested in board of trustees 204 3 

Superintendent of building 205 11 

Not to be interested in contracts 205 7 

Superintendent, State, ex oMcio trustee 204 4 

Not to be interested in contracts 205 7 

Treasurer 204 5 

Account, shallkeep 205 6 

Appointed, how 204 5 

Bond of 204 5 

Not to be interested in contracts 205 7 

Trustees, board of trustees 204 3 

Appointed, how 204 4 

Compensation 207 17 



283 
Index — Continued. 

EASTERN ILLINOIS STATE NORMAL SCKOOI^Coneluded. Page. Sec. Note 

Duties of— 

To appoint instructors 206 12 

To appoint treasurer 204 6 

To cause record to be made 204 5 

Toelect president 204 5 

To elect secretary 204 6 

To hold meetings regrnlarly 205 9 

To report to Governor 205 8 

To receive donations 205 10 

To secure plans 205 11 

Expenses of 207 17 

Meetings of 205 9 

Number of 204 3 

Not to be interested in contracts 205 7 

Organization 204 5 

President of , 204 5 

Secretary of 204 5 

Term of office .*. 204 5 

Tuition 206 13 

Vacancy in board of trustees 204 ,4 

EXECUTION— 

Generally 151 9 9 

EXECUTOR- 

To give preference to school debts 58 10 

EXEMPTION- 

From jury and military duty 153 10 

EXEMPTION, TAXES- 

Exempt, what property 3 3 

Laws exempting strictly construed 4 3 4 

Must be clearly within law 4 3 7 

Must be held in trust 4 3 10 

Must be used for schools 3 3 1 

Must furnish higher education 4 3 9 

Not exempt from special assessment 5 3 12 

Play ground not exempt 4 3 8 

Private donations not exempt 5 3 13 

University lands exempt 4 3 2 

When not charitable institution 5 3 11 

When used with view to profit 4 3 6 

EXPULSION- 

Of pupils 76 27 

FINES AND FORFEITURES- 

Collectlonof 140 2 

Distributed annually 139 1 

Paid to superintendent 139 1 

Penalty for failure to make report 141 6 

For failure to pay 140 5 

Report of clerks, et al 140 6 

PLAGS- 

Law relatine to 167 1 



Page. 


See. Note 


10 


3 


51 


1 


57 


7 


41 


50 


100 


13 


101 


14 


82 


34 


106 


2 


97 


3 


51 


2 



234 
Index — Continu ed . 

FORM- 

Of bond of superintendent 

Of bond of treasurer 

Of mortgage 

Of notice to district 

Of register 100 

Of schedule 101 

Of school orders 

Of tax certificate 

Of teacher's certificate 

Of treasurer'! record 

FREE SCHOOLS- 

Established I l. 

FUND. SCHOOL- 

Apportionment 126 3. 

Common, consists of what 126 1. 

County, consists of what 126 6. 

Principal loaned 126 6. 

Real estate 126 6. 

District 128 7. 

Custodian of 31 34. 

How paid out 128 7. 

Surplus loaned 56 5. 

In special districts 130 10. 

Interest on, distributed 126 2. 

Permanent, statement of 3 3 

Proper, consists of what 126 1. 

Township, consists of what 126 6. 

Principal of loaned 126 6. 

Real estate of 126 6. 

FURNITURE— 

Purchase of 103 202., 

Sale of . prohibited 146 13.. 

GENERAL ASSEMBLY- 

To establish free schools 1 1., 

GOVERNOR- 

To approve bond » 6 2., 

GRADUATE- 
Of county normal school 96 1.. 

HIGH SCHOOL, TOWNSHIP— 

Admission, who entitled to 

Applies to special charter districts 

Are free schools 

Board of education 

Powers of 

Branches not compulsory 

Cannot purchase site without vote 

Common school 

Definition of 

Question for legislature 

Construction ot proviso 

Construction of statute relating to 



35 


41 


3 


33 


38 


6 


36 


41 


8 


34 


40.. 


.... 


36 


41.. 


.... 


35 


41 


7 


34 


40 


2 


36 


41 


9 


36 


41 


9 


36 


41 


10 


32 


38 


1 


33 


38 


12 



235 

Index — Continued. 

HIGH SCHOOL, TOWNSHIP-ConcJwded. 

Discontinued, how 

District legally oreraniied, how tested 

Appeals from decision 

Proceedings in 

District, of what comprised 

Duly of trustees when discontinued 

Election to establish 

Notice of 

Women cannot vote at 

Election of district board 

Election remains special, when , 

Established, how 

In certain districts 

Meeting, stated, no notice required 34 

Notice, election 

Not invalid, when 

Not required, when 

Petition 

Addressed to whom 

Filed, where 

Form of 

Is simply a request 

No particular form required 

Policy of the law 

Polling places 

Powers of board of education , 

Purchase, unauthorized, ratified, when 

Purpose of 

Repeal by implication 

Restrictions 

Rules and regulations 

School and ballot law consistent 

School law one entire act 

Territory regarded as school district 

Unauthorized purchase, ratified, when 

Women cannot vote on proposition 

HOLIDAYS- 

What are 

HOUSE, SCHOOL- 

Destruction of 75 27 

ILLITERACY- 

Reportof 28 28. 

IMPRISONMENT- 

Of school officers 146 13. 

INDEBTEDNESS- 

In certain districts 162 1. 

Refunded 122 7. 

In certain districts 163 6. 

Tax to Day, not limited, when 103 202. 

INDICTMENT- 

Of school officers 146 13. 



Page. ! 


Sec. Note 


37 


43.. 


.... 


33 


38 


9 


33 


38 


9 


33 


38 


10 


36 


42.. 


.... 


37 


44.. 


.... 


32 


38.. 
38.. 
38 




32 




34 


15 


34 


40.. 


.... 


33 


38 


14 


34 


40.. 


.... 


36 


42.. 


.... 


34 


40 


4 


32 


38.. 


.... 


35 


40 


6 


34 


40 


4 


32 


38.. 
38 




33 


6 


33 


38 


7 


32 


38.. 


.... 


33 


38 


8 


33 


38 


8 


35 


41 


6 


35 


41 


6 


35 


41 


1 


35 


40 


3 


36 


41 


1 


33 


38 


13 


35 


41 


2 


35 


41 


5 


33 


38 


6 


34 


40 


1 


35 


41 


3 


34 


40 


3 


34 


38 


15 


103 


17.. 





236 
Index — Continued. 

INSTITUTES- Page. Sec. Note 

Fee, registration 99 10 

Fund 99 9 

Termof 99 10 

INSURANCE- 

Included on loans 57 8 

INTEREST- 

Action to recover 58 11 

Added to principal 58 11 

Distributed 127 6 

Maybe loaned 59 13 

Order draws, when 60 18 

Penalty for default 58 11 

Rate of, on bonds 116 1. 

In certain cases 162 1 

Onloans 55 3 

State to pay 126 2 

JUDGES OF ELECTION- 

Of directors 66 10 

Of trustees 23 11 

To vote on bond issue 121 5 

In certain cases 163 4 

JUDGMENTS- 

Against purchaser of land 136 IS 

Against school officer 151 9 

JUSTICES- 

Dutyof 140 3 

KINDERGARTEN SCHOOLS- 

Any district may establish 176 1 

LACHES- 

Cannot be imputed to taxpayers 74 26 2 

LANDS, SCHOOL— 

Business relating to, where transacted 131 2 

Common, what are (16th section) 130 1 

Division of, into tracts 133 10 

Lease, term of ^ 131 3 

Noticeof sale 134 14 

Form of 135 14 

Patent 137 24 

Place of sale 136 15 

Plat of, made when 133 11 

Private sale of 136 19 

Purchase money 136 18 

Purchaser entitled to patent 137 24 

Sale of 132 6 

Advertised by superintendent 134 14 

Entry of 137 21 

Howcondmcted 136 17 

In fractional townships 133 9 

Notice of election for 132 8 

Petition for 132 8 

Placeof 136 15 

Private 136 19 

Report of 137 22 



237 
Index — Continued. 

LANDS. SCHOOL— Conc?uded. Page. Sec. Note 

Subdivision into town lots 134 12 

Terms of sale 136 16 

Valuation of, may be vacated 136 20 

Where school township Is divided 131 1 

LIABILITY OF SCHOOL OPFICERS- 

For conversion of funds 112 6 

For failure to deliver poll book 141 2 

For failure to deliver schedules 142 3 

For failure to make returns of children 143 9 

For failure to perform duty 142 4 

For failure to protect property 141 1 

For failure to return statistics 143 10 

For failure to turn over money 142 5 

For insufficient securities taken 143 7 

For loss of funds or property 144 11 

Real estate bound for payment of claims 143 8 

Alienation of, does not defeat lien 143 8 1 

LIBRARIES- 

In certain districts 77 27 

May bepnrchased 84 10 

LIEN- 

Mechanic's 153 9 16 

On real estate of school officers 143 8 

LOANS- 

Of county fund , 17 21 

Of district fund 56 6 

Of township fund 55 3 

MANUAL TRAINING SCHOOL- 

Apprentices 180 10 

Maybe established 179 1 

MAP- 

Ofcounty , 164 2 

Of township 61 19 

MASTER- 

May sell lands, how 68 8 1 

MEETINGS- 

In school houses 77 27 

Of directors 68 19 

Of trustees 27 26 



MONTH- 

School 103 17. 

MORTGAGE- 

Formof 67 7. 

NEGLIGENCE- 

Whatis 76 27 

NORMAL SCHOOLS, COUNTY- 

May be established 210 1. 

— n s 



238 
Index — Continued . 

NORMAL UNIVERSITY- Page. Sec. Note 

Appropriation 195 8 

Board of education , 193 1 

A corporation 193 1 

Appointed, how 196 10 

Oompensation 191 3 

Duties of— 

To appoint asrent 191 5 

To appoint instructors 195 6 

To appoint principal 195 6 

To appoint treasuier 196 12 

To elect president 196 11 

Toflxlocation 191 5 

To hold meetings 196 11 

To receive donations 191 5 

Expenses of 191 3 

Meeting, first 191 5 

Semi-annual 196 11 - 

Numberof 193 1 

Organization 196 11 

Presidentof 196 11 

Quorum 191 3 

Secretaryof 191 2 

Term of 196 10 

Bond, treasurer's 196 12 

Approved by board 196 12 

Compensation 191 3 

Donations 194 6 

Location 191 5 

Meeting of board of education, first.. 191 5 

Regular 196 11 

Special 191 3 

Object 194 1 

Powers of corporation 193 1 

Quorum 194 3 

Superintendent, State, secretary ea3 ojg?cfo 191 2 

Treasurer 196 12 

Appointed, when 196 12 

Bond of 196 12 

Tuition 196 13 

Vacancy in board of education 196 10 

NORTHERN ILLINOIS STATE NORMAL SCHOOL- 

A corporation 200 1 

Powers of 200 1 

Accounts 201 8 

Settled annually , 201 8 

Treasurer shall keep 201 6 

Agent 201 7 

Not to be interested in contracts 201 7 

Appropriation 203 11 

Board of trustees 200 1 

Appointed b y Governor 200 1 

Bond, treasurer's 201 5 

Approved by trustees 201 5 

Penalty 201 6 



239 

Index — Continued. 

NORTHERN ILLINOIS STATE NORMAL SCROOL-Coneluded. Page Sec. Note 

Buildine 201 11 

Description of 201 11 

How constructed 201 11 

Superintendent of 202 11 

Compensation of trustees 203 17 

Donations 201 10 

Expenses of sciiool 203 15 

Against pupils 203 15 

Against State... 203 15 

Location 201 10 

Meetingof trustees, first 201 5 

Regular 201 9 

Special 201 9 

Object 200 2 

Powers of corporation 200 1 

Vested In board of trustees 200 3 

Superintendent of building 201 11 

Not to be interested in contracts 201 7 

Superintendent, State, ex o^cio trustee 200 3 

Treasurer 201 6 

Account, shall keep ... 201 6 

Appointed, how 201 5 

Bond of 201 6 

Not to be interested in contracta 201 7 

Trustees, board of 200 3 

Appointed, how 200 4 

Compensation 203 17 

Duties of— 

. To appoint instructors 202 12 

To appoint treasurer 201 6 

To cause record to be made 201 5 

Toelect president 201 5 

To elect secretary 201 5 

To hold meetings quarterly 201 9 

To report to Governor 201 8 

Toreceive donations 201 10 

To secure plans 201 11 

Expenses of 203 17 

Meetings of 201 9 

Number of 200 3 

Not to be interested in contracts 201 7 

Organization 201 6 

President of 201 5 

Secretary of 201 6 

Term of office 201 5 

Tuition 202 13 

Vacancy in board of trustees 200 4 

NOTES- 

Examined by county board 125 2 

By superintendent 11 13 

List of 67 6 

Made to superintendent 17 21 

To trustees '. 56 4 



240 
Index — Continued. 

NOTICE OF ELECTION— Page. Sec. Note 

In cities 88 16 

In districts 66 8 

In townships 22 8 

Of examinations 99 7 

Of sale of lands 135 14 

Of sale of real estate 30 32 

OBSCENE WRITING- 

Evidenceof 77 27 3 

Suspension for 77 27 5 

ORDERS— 

Executed, h®w 128 7 1 

Form of 82 34 

In anticipation of taxes 79 29 

Teachers' 102 16 

Draw interest, when 102 16 

Payable with interest, when 129 8 2 

Signed, how 128 7 

Void,when 74 26 1 

ORGANIZATION- 

Of board of directors , 67 15 

Of board of education 84 9 

Of board of trustees 26 22 

PARENTAL SCHOOLS- 

Established in certain cities 180 

PENSION- 

Employes' 185 

Teachers' 183 

PETITION- 

Por change of boundaries 40 48 

For organization under general law.... 87 15 

For sale of school house 30 32 

For sale of school lands 132 8 

For township high school 32 28 

PHYSIOLOGY AND HYGIENE- 

Instruction in 169 1 

PUNISHMENT- 

Corporal 72 26 15 

PUPILS- 

Age of 70 26 

Assignment 76 27 

Attendance 166 3 

Expulsion 76 27 

Suspension 76 27 

Transferred 82 35 

QUALIFICATIONS- 

For county superintendent 3 5 

For director • 65 3 

For treasurer 26 22 

Fortrustee 22 7 

Of teachers 96 11 

Of voters 23 12 



30 


31 


7 


22 


7 


1 


44 


S3 


4 


80 


31 


13 


24 


13 


3 


44 


63 


2 


68 


16.. 




27 


25.. 


.... 


138 


26,. 




81 


35.. 




21 


37.. 


.... 


143 


8.. 


.... 


139 


27.. 


.... 


65 


3.. 


.... 


13B 


26.. 


.... 


31 


36.. 


.... 



241 
Index — Continued. 

QUO WARRANTO— Page. Sec. Note 

Information in nature of 

Proper remedy, when 

Proper remedy, when 

Proper remedy, when 

Will not be entertained, when , 

Will He, when 

QUORUM- 

Of directors 

Of trustees 

REAL ESTATE- 

Held by superintendent 138 

By trustees 

Leased 

Lien on 

Right of way over 

Security for loans 

Taken for Indebtedness 

Same 

REGISTER- 

Formof 100 13. 

Furnished by directors 101 13. 

Kept by teachers 100 13. 

Return of 101 13. 

REMOVAL PROM OPFICE- 

Of county superintendent 125 1. 

Of director 15 14. 

Of president board of trustees 26 23. 

Of teacher 75 27. 

Of treasurer 26 23. 

Of treasurer 26 23 

REPEALS- 

Of former acts 1S3 12. 

REPORTS- 

Of cities and towns 147 7. 

Of collector of taxes 114 9. 

Of county superintendent, annual 16 16. 

Of condition of schools 16 17. 

Of land sales 13 13. 

Of directors to treasurer 69 22. 

To superintendent 70 26. 

To voters 76 26. 

Of fines and forfeitures 140 4. 

Of institutions of learninsr 160 8. 

Of rentals 131 3. 

Of State Superintendent 7 4. 

Of statistics 27 28. 

Of treasurer SO 15. 

Of trustees 27 28. 



242 



Index — Oontmned. 



RETEXrE- 



Pa^e. Sec Note 



Assessment not vitiated, vhen 

CertifiMte of levy. .... .-~ .— —■..—. 

Berxim oit....-.».~~—...~ ...--. ~. 
CoUecroT of ............>.—..-...... 

Penalty for refnssJ to pay over., 

CJompiiT&tioii of ..K. 

DntF of officers- 
Power w levy... 
Rare, 



BULE*— 

Excuse, virloe n. 
Hbsi be reasonable .. 

Seasonable, 'vha* a?; 
Teacher bound by ... . 
ITnreasonabls. irlieE.. . 

SCHEDrLE?— 
Deli-f-err :; 

Form of 

Beceipi for 

Teacher to niake 



SCH0LAS5HIP5— 

TJniversiiy .... 

SECTASIAX PUBPOSE— 

Appropiiaiion for. proMbised.. 
Cannot be made indirectly. 
Chnrei may be tised for school room... 
Consnnitional provision relactnr w..-.^^....—. . 
Bent paid zo ehtireh not illesrf^. 
Schools ear -not aid sectarian denaBUBBtieai.. 



SITE— 

Control of. vested in direexiHS 

Dedication. .. - .... 

I>e8cr-ption of. 

Diredors iiave no inseresi in title to. .. 

May select, "when ...... — . 

Discretionary power to act on ...^ 

Injtmetioi; ^ranssd. ^riien -. 

May be rented. 

May be sold when unsuluible . 

May pass over owner's land to......... 

Must build on one chosen. 

Perversion of ... ... . ... 

Stiit to compel deed for 

Tote of people neeeaBaiy."when. 



sorrsEsv rLmNOis -stobmai. uxitebsitt- 

A eorporation 

Powers of... ..___ — 

Aeeotmts.. .. ..__...._.. 

Settlefl annti^_y .. 

Treastirer shall '^eep 



ISl 

145 
2 

1^ 
2 

16 
lis 

29 

29 
SO 
29 
7S 
79 

30 
10 
29 
79 
30 

79 

195 
195 
1S7 
197 
187 



116 


13.. 


...^ 


inn 


2.. 

2. 




106 




112 


3. 


.... 


114 


9. 




113 


11. 




US 


S. 


..... 


116 


12 




V& 


S»2. 




103 


202. 




71 


26 


S 


70 


26 


3 


70 


26 


1 


70 


26 


2 


- 


26 


« 


108 


15- 




101 


U. 

15. 

14. 




in' 




im 





12 

3 1 
12 4 
3 

12 1 
12 2 

il 

31 3 

31 12 
31 1 

31 

31 1 
31 3 
31 4 

32 

31 2 
31 2 
31 4 
2 IS 
SI 4 

1 

1...... 

8 

8 

€ 



243 
Index — Continued . 

SOCTHEfiN ILLINOIS NORMAL UNIVERSITT-C<m«Iiui«i. Page, S«e. Note 

Aeent - 1*7 7 

Not to be Interested in eontraeta 177 7 

Appropriation 199 M- 

Board of tmstees Mfl 4 

Appointed by Governor 197 4 

Bond, treasurer's 197 S 

Approved bytnutees 197 5 

Penalty 197 5 

Building 198 U 

Description of. 138 11 

How constructed 198 11 

Superintendent of 196 11 

Compensation of tmateea 200 17 

Donations 198 10 

Expenses of school 199 15 

Against pupllt 199 15 

Against State 199 15 

Location 198 10...... 

Meeting of trustees, first 197 5 

Regular 198 9 

Special , 198 9 

Object. 197 2 

Powers of corporation I9S 1 

Vested in board of tmateea 197 3 

Superintendent of building 198 11 

Not to be interested in contracts 197 7 

Superintendent, State, ex o£ieio trustee 197 3 

Treasurer 197 5...... 

Account, shall keep 197 9...... 

Appointed, how 197 5 

Bond of 197 5 

Not to be interested in eontraeta 197 7 

Trustees, board of 197 3 

Appointed, how 198 4 

Compensation 300 tt 

Duties of— 

To appoint instructors 198 12. 

To appoint treasurer 197 5 

To cause'record to be made 197 5 

To elect president 197 3 

Toelect secretary 197 5 

To hold meetings quarterly 196 9 

To report to GoTemor 197 8 

To receive donations 198 10 

To secure plans 198 H 

Expenses of 300 17 

Meetings of 196 9 

Not to be intereated In contracts 197 7 

Organisation 187 5 

President of 197 5. 

Term of office 197 5 

Tuition. 199 13 

Vacancy inboard of trusteea 197 4 



244 
Index — Continued. 

SPECIAL CHARTERS- ^"^'- ^^'- ^*'*'- 

District, changes in boundary of 41 49 

Generally 156 

Loans 130 10 

May be abrogated 86 15 

Reference to 63 1 

Repeals I47 7 

SUBSTITUTE- 

Ground for dismissal 76 27 6 

Teacher can not employ 76 27 6 

SUPERINTENDENT OP PUBLIC INSTRUCTION- 

Adviser of county superintendents 7 4 

Bond 6 2 

Certificates, granted by 8 4 

Compensation 3 3 

Duty of 7 4 

To advise superintendents 7 4 

Tobeea;o^cio trustee 8 4 

To be legal adviser of school ofS.cers 8 4 

To counsel and advise teachers 7 4 

To file papers and reports 6 4 

To give written opinion 8 i 

To grant certificates 8 4 

To hear controversies 8 4 

To Issue circular letters 7 4 

To keep record of ofacial:busine8S 7 4 

To keep office at capital 6 4 

To make biennial report 7 i 

To make rules and regulations 8 4 

To preserve documents 7 4 

To report to Governor 7 4 

To report to General Assembly 8 4 

To supervise common schools 7 4 

To visit charitable institutions 8 4 

Election of , 6 1 

Expense of office 6 3 

Forfeiture remitted by 9 5 

Funds withheld by 9 5 

Not to be interested in contracts , 9 6 

Oath 6 2 

Office at capital 6 4 

Papersflledby 6 4 

Power of 9 5 

To authorize assistance 9 5 

To determine statistics 9 5 

To remit forfeiture 9 5 

To require fund withheld 8.9 6 

To require information 9 5 

To require reports 9 5 

Record kept by 7 4 

Report to General Assembly 8 4 

To Governor 7 4 

Rules made by 8 4 

Salary 6 3 

Term of office 6 1 



245 

Index — Continued. 

SUSPENSION OP PUPILS- Page. Sec. Note 

As means of discipline 77 27 6 

For disobedience 76 27 

For incorriffibly bad conduct 77 27 6 

Termof 77 27 4 

TARDINESS- 

Whatis 76 27 9 

TEACHERS- 

Affeof 96 1 

Employment of 98 6 

Examination of 99 7 

Fee for 99 8 

Holidays, entitled to 100 H 

Institute 99 10 

Property, responsible for 100 12 

Qualifications of 96 1 

Record of 98 4 

Register, duty to keep 100 13 

Schedules, duty to make. 101 14 

Wages, when due and payable 102 16 

TEXT BOOKS- 

Changes 73 26 



Accounts of 

Annual statement of 

District 

Must show exact condition 

Appointment of 

Bond 

Approved 

Dellvered.to superintendent 

Form 

Form of, directory 

Increased, when 

Obligation 

Recorded 

Signed in blank 

When treasurer succeeds himself. 



For indigent children 74 26 

Prescribed by directors 73 26 

Uniformity 73 26 

TOWNSHIP, SCHOOL- 

Annexation of by city 19 1 3 

Congressional 19 1 

For school purposes 19 1 1 

Fractional 19 2 

Inhabitants of , a corporation 20 3 4 

Laid off into districts by trustees 38 46 

Legislature may unite or divide 19 1 2 

Means congressional township 19 1 1 

Not for municipal purposes 19 1 4 

TRANSFERS- 

Of pupils 82 35 

TREASURER. TOWNSHIP— 



53 


2.. 




60 


15... 


.... 


60 


16... 


.... 


64 


2 


1 


26 


22... 


.... 


61 


1... 


.... 


51 






61 






51 




.... 


52 




1 


51 






52 




3 


17 


19... 


.... 


52 


1 


6 


62 


2 


S 



246 
Index — Continued . 

TREASURER, TOWNSHIP— Conrtnued. Page. Sec. Note 

Books of 53 2 

Cash 53 2 

Examined by superintendent 14 13 

Examined by trustees..,, 59 14 

Loan 53 2 

Subjectto inspection 54 2 

Submitted to trustees — 59 14 

Clerk of board of trustees 26 22 

Fro tempore 26 24. 

Commission 62 22 2 

Compensation • 62 22 

Extra 62 22 1 

Custodian of funds 31 34 

District 31 34 

Township 31 34 

Damages, trustees may recover 58 10 2 

Death of 62 21 

Defaulting 53 1 8 

Delinquent 52 1 6 

Discharged from liability, when 59 13 1 

District accounts 60 16 

Duties- 
Additional 61 19 

As to transfer of pupils 61 19 

Defined by statute 55 3 4 

Tocollect taxes 61 19 

To examine records — 61 19 

Tofileorders paid 61 19 

To give notice of election 61 19 

To hold funds, when 61 19...... 

To keep accounts 61 19 

To keep all property 61 19 

To lend township fund 55 3 

To make map of township 61 19 

To pay all orders 61 19 

To publish annual statement 61 19 

To return tax levy 61 19 

To turn over office 62 21 

When maker of note dies 58 10 1 

Election 26 22 

In certain districts 62 2 4 

Of trustees, called by 61 19 

Ordered by, when 47 62 

Eligibility 26 22 

Ex officio clerk 26 22 

Funds- 
Custodian of 31 34 

Identity, when lost 53 1 12 

Insurer of -« 63 1 11 

Loaned, when directors request. 56 6 1 

Security taken for 55 3 1 

Surplus may be lent 56 5 

To make demand for 63 1 9 

Treasurer shalllend 66 8 



247 

Index — Continued. 

TREASURER, TOWNSHIP-Ooncluded Page. 8ec. Note 

Interest paid teachers by 60 18 

Liable in civil action— 

For failure to perform dutlea 60 17 

For failure to turn over books 49 60 

For refusal to perform duties 61 20 

When liable 62 20 1 

Liable in criminal action— 

For conversion of school funds 142 6 

For failure to report statistics 49 66 

For false reports of statistics 49 66 

For interest in sales 146 13 

For loss of school funds 141 1 

For perversion of school funds 145 12 

Lien on real estate of 143 8 

List of taxpayers, made by 

Map. made and filed by 

Money 

Default in payment 

Penalty 

Penalty not assigrnable 

Received from collector 130 

Mortgagre 

Form of 

Not to be interested in sales 

Notes 

Examined by superintendent 

List of 

Not void, when 

Payable, to whom 

Submitted to trustees 

Oath not required 

Plea, when deficient 

Poll book, filed with 

Removal 

Resignation 

Security on note 

Statement— 

To directors , 

To trustees 

Statute of limitation, no avail 

Operation excluded, when 

Sureties 

Admission as to deficiency 

Approved 

Bound by entries in books 

Bound by official acts 

Insolvent bank 

Liable for full term 

Term of office 

TRUANT OPPICER- 

Appointed 166 3. 

Dutyof 166 3. 



61 


19.. 




61 


19.. 


.... 


68 


11 . 




58 


11.. 


.... 


58 


11.. 


.... 


69 
130 


11 
9.. 


2 


67 


7... 


.... 


57 


7.. 


.... 


3 


4.. 


.... 


56 


4.. 




14 


13.. 




R7 


6.. 




66 


3 


1 


56 


4.. 




56 


4.. 


• ••• 


52 


1 


7 


55 


3 


2 


67 


13.. 




?6 


23.. 




62 


21.. 


• ..• 


65 


3 


3 


60 


16 . 




60 


15.. 
34 




31 


2 


56 


3 


11 


51 


1.. 


.... 


53 


1 


17 


52 


1 


4 


53 


1 


14 


62 


21 


1 


63 


1 


16 


53 


1 


13 


26 


23.. 


.... 



248 
Index — Continued. 

Page. 
TRUSTEES OP SCHOOLS- 

A body politic 20 

A quasi corporation 21 

Accounts of treasurer examined by 59 

Action of concurrent boards 42 

Adjournment of board, when 42 

Agent created by law 20 

Appeals from 44 

How taken 44 

Who may appeal 44 

Appoint appraisers 48 

Treasurer 21 

Apportionment of funds made by 27 

Appraisal and distribution 49 

Appraisers appointed 48 

Are proper parties to sue 20 

Public ofl&cera .... 27 

Bonded debt, how disposed of by 46 

Boundaries in special cases 41 

Boundaries of districts 39 

Business of township done by 20 

Cannot deny legality of 22 

Changes in adjacent districts 42 

In districts having bonded debt 46 

Made when 40 

Not unreasonable, when 40 

Clerk appointed by 26 

Pro tempore 26 

Collection of note, may direct 29 

Concurrent meetings of boards 40 

Control and handle school fund 21 

Conveyance made to 30 

With reversion 30 

Courts will examine conduct of, when 20 

Will not interfere with, when 38 

Debt due school fund 31 

Decisions of concurrent boards 40 

Directors bound by action of 39 

Duty to consult wishes of Inhabitants 38 

To divide townships into districts 38 

To use best judgment 38 

Election ordered, when 46 

Election of 22 

At town meeting 25 

Ballot act construed 25 

Conducted, how 23 

Contested, how 23 

First 22 

Form of notice 22 

In certain cases 23 

In civil townships 25 

Judges of 23 

Jurisdiction given, when 39 

Maybe postponed 24 



jc. Note 


4 




4 


8 


14.. 




51 


62.. 


4 


i 


55.. 




55 


54 


64.,-.-. 


4 




W 




64 




64 




4 




26 




58.. 




49 


47 


3., 


4 


19 


51 


2 


58.. 




48 


47 


7 


22.. 




24 


30 


2 


48 


6 


4 


11 


33 




33 


1 


4 


S 


46 


1 


36 




48 


S 


46 


8 


46 


4 


46 




46 


3 


59.. 




5 


19 


19 


1.2 


11.. 




13 


6 


8 


9 


19 


11., 


47 


5 


14., 





249 



Index — Continued . 

TRUSTEES OF SCROOJjS— Continued. Page. Sec. Note 

Method prescribed Is exclusive 24 13 4 

New district created, when 39 47 4 

Not liable for costs, when 31 33 2 

Notice of 22 8 

Ordered by treasurer, when 22 8 

Poll-book 25 20 

Polling places 26 18 

Polls opened and closed, when 23 13 

Postponed, when 24 14 

Postponement valid, when 24 14 1 

Qualifications of voters 23 12 

Returns of 25 22 

Superintendent may order, when 24 15 

Tie vote determined by lot 25 17 

Time 22 5 

Place mandatory 24 13 

Under ballot law, when 24 13 

School law, when 24 13 

Eligibility 22 7 

Enumeration made by 28 29 

Equitable title conveyed 32 37 1 

Funds, distribution of 48 63 4 

Division of , must be equitable 48 62 1 

Gifts, may receive 29 31 

Grants, may receive 29 31 

Have large discretion 38 46 2 

Supervisory power 29 30 1 

Judges of election 23 11 

Legislature may alterboard 20 4 

Liable in civil action 49 65 

For failure to distribute property 49 65 

For failure to return poll-book 26 20 

For failure to return statistics 16 18 

For false return of statistics 16 18 

For insufficient security 143 7 

Liable In criminal action— 

For conversion of school funds 142 6 

For interest in sale of school books 146 13 

For perversion of funds 145 12 

Limitations affect each district 46 52 5 

List of, furnished by county clerk 123 1 

Majority shall decide 20 3 1 

Map of township made by 46 57 

May detach territory 39 47 

Divide or consolidate districts 39 47 

Lease or sell by auction 32 37 

Make settlements 31 36 

Not assess and collect taxes 21 4 13 

Organize new district 39 47 

Purchase real estate 36 35 

At sale on foreclosure 31 35 1 

Receive donations 29 31 

Remove treasurer 31 34 



250 
Index — Continued. 

TRUSTEES OF SGB.OOLS— Concluded. Page. See. Note 
Meetings- 
Concurrent 40 38 6 

Joint, not authorized 42 51 1 

Regular 27 25 

Special 27 25 

Money refunded, when 22 4 16 

Must bring suit, when 29 31 1 

Not corporate authorities 21 4 14 

Liable for costs, when 31 33 2 

Named in constitution 21 4 13 

Not to be interested in sales 38 45 

Notes signed by, liable personally 22 4 17 

Oath of , 21 4 10 

Order of, when valid 42 50 3 

Organization of board 26 22 

Petition- 
Action of concurrent boards on 42 50 

Allegations 42 51 4 

Boundaries 44 52 3 

Defective when 43 52 7 

For new districts 41 48 10 

Hearing on 43 53 

Maybe amended 42 60 2 

Mustact on 43 52 2 

Must allege what 40 48 7 

Must conform to law 43 62 1 

Mustmakecase 40 48 1 

Must show jurisdiction 42 50 1 

Necessary to confer power 41 48 9 

Omissions, court will supply 45 62 4 

When acted upon 41 60 

Whendenied 41 48 11 

Poll-book, return of 25 20 

May be admitted in evidence 26 20 2 

Penalty for failure to deliver 26 20 

Powers of 43 52 6 

Only such as are granted 21 4 9 

President of board 26 22 

Appointed 26 22 

Duty of 26 24 

Pro tempore 26 24 

Termof ofiace 26 23 

Qualification of voters 23 12 

Quorum 27 25 

May transact business 27 25 1 

REAL ESTATE- 

Leased by 32 37 

Purchased by 31 35 

Soldby 32 37 

Rejection of mistakes 49 64 2 

Report to county superintendent 27 28 

Represent the public 22 4 20 

Right to ofiice, how questioned 22 7 1 



251 
Index — Continued . 

REAL ES'rA.TE-Ooncluded. Page. Sec. Nate 

School house- 
Sold by 

Title to. held by 

Separate enumeration made by 

Shall act as judees 

Site, title to. held by 

State may exercise control of 

Statement of 

Successors to trustees of school lands 

Superintendent may order election, when 

Term of office 

Terms decided by lot 

Title to site held by 

Equitable, conveyed 

Township divided into districts by 

Treasurer- 
Accounts examined by 

Appointed by... 

Removed by 

Sued by 

Vacancy, how filled 26 16 

Voters, qualifications of 23 12 

UNION DISTRICTS- 

Dissolved, how 50 68 

Fundfa of 70 26 

UNIVERSITY- 

Ghange of name 191 

Funds of 191 

Lands of 191 

Scholarships 191 

Trustees of 191 

VACANCIES IN OFPICE- 

Of board of education 

Of county superintendent 

Of director 

Of township treasurer 

Of trustee 



30 


32 


30 


33 


2S 


29 


23 


11 


30 


33 


20 


4 


27 


28 


50 


69 


21 


15 


22 


6 


23 


10 


30 


33 


32 


37 


38 


46 


54 


2 


26 


22 


31 


34 


31 


34 



VACCINATION- 

Board of health, no power over school 

Children may b- excluded, when 

Emergency 

Justified, when 

Not prescribed by law 

Police power 

Rule, unreasonable, when 

WAGES- 

Payable monthly 74 26 

WARRANTS- 

Auditor to issue 13 11 

Paid by collector 126 2 

Penalty for refusal to pay 127 5 

Returned 127 4 



84 


9.. 




11 


8.. 




66 


7.. 




26 


22.. 




24 


10.. 




72 


26 


11 


72 


26 


13 


72 


26 


12 


72 


26 


11 


71 


26 


10 


72 


26 


12 


72 


26 


11 



252 

Index — Continued. 

WESTERN ILLINOIS STATE NORMAL SCHOOL- 

A corporation 207 1. 

Powers o! 207 1. 

Accounts... 208 8. 

Of trustees 210 16. 

Settled annually 208 8, 

Treasurer shall keep 208 6. 

Affidavit of trustees 210 16. 

Apparatus 209 12. 

Appropriation 210 14. 

How paid 210 14. 

Board of trustees 208 4.. 

Appointed by Governor 207 4. 

Bond, treasurer's 208 5. 

Approved by trustees 208 6. 

Penalty 208 5. 

Building 209 11. 

Description of 209 11. 

How constructed 209 11., 

Plans of 209 11., 

Specifications of 209 11., 

Superintendent of 209 11., 

Compensation of trustees 210 16., 

Donations 208 10., 

Expenses of school 210 15., 

Against pupils 210 15.. 

Against State 210 15., 

Of trustees 210 16.. 

Location 208 10., 

Meeting of trustees, first 208 5.. 

Regular 208 9.. 

Special • 208 9.. 

Military tract - 208 10.. 

Object of 207 2.. 

Plans 209 11.. 

Powers of corporation 207 1.. 

Vested in board of trustees 208 3.. 

Scholarships 209 13.. 

Specifications 209 11.. 

Superintendent of building 209 11.. 

Not to be interested in contracts 208 7.. 

Superintendent, State, ex-offieio trustee. 208 3.. 

Text books 209 12.. 

Treasurer 208 5.. 

Accounts of 203 6.. 

Appointed, how 208 5.. 

Bond of MS 6.. 

Not to be interested in contracts 208 7.. 

Trustees, board of 208 3.. 

Appointed 208 4.. 

Compensation of 210 16.. 

Duties of— 

To appoint instructors 209 12.. 

To appoint superintendent 209 11.. 

To appoint teachers 209 12.. 



Page. 


Sec. Note 


208 


5 


208 


5 


208 


5 


208 


5 


208 


9. 


208 


8 



253 

Index — Concluded. 

WESTEK^^ ILLINOIS STA.TB NORMAL SGKOOL-Coneluded. 

To appoint treasurer , 

To cause record to be made 

To elect president 

To elect secretary 

To hold meetings quarterly , 

To report to Governor 

To receive donations 208 lo 

To secure plans 208 H 

Expenses of 210 16 

Meetings of 208 9 

Number of 208 3 

Not to be interested in contracts 208 7 

Organization 208 5 

President of 208 5 

Secretary of 208 6 

Term of office 208 5 

Tuition 209 13 

Vacancy in board of trustees 208 4 

WOMEN- 

May be school officers , 65 3 

May not vote, when 34 33 15 

Mas vote for school officers , 165 l 

Qualifications 146 2 

To give bond 146 3 

YEAR- 

School 103 202 



-18 S 



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